HomeMy WebLinkAbout2008-06-02 (Regular) Meeting Agenda PacketAGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL Mond1y, Jun. 2, 2008 7:30p.m. Englewood Civic Cenlet -Councl Chamben; 1000 Englewood Patkway
Englewood, CO 80110
1. c an to order. 7:47 p.m.
2. lnVOCltion. Mee.Un
3. Pledge of Allegiance. llcCaslln
4. Rolle.I.
PIMlnt: Jefferlon, Moore, Penn, Olkley, Mc:Cufin , Wilton, Woodward
AbMnt: None
5. Consideration or Mlnutn of Previous Sessloo.
1. Minutel from the Regullr City Councl meeting of Mly 19, 2008.
llollon: To lpplN9 the mlnu'9s from May 19, 2008
Moved by: Penn Seconded by: Wilson
Voll: llotlo!I Approved (summary: Yes= 7 No • O)
8. Recognition of Scheduled Public ColMienl (Please limlt your presentation to ten mlnutas.)
None
7. Recognllion of Unscheduled Public c:oim-tl (Please lmit your present8tlon ID five
minutes. Tme for unte:heduled public comment may be llmlled to 45 minutes and I lmillld
shall be continued to General Olscwsslon.)
1. Mlrjoril Becker ----• KenVsolar acc:ess
b. Jerry Hive --------Cirde K -bird calls and/or noises
c. Mellnle Nelson -----Kent
d. Linda Olson-------Kent
e. Chrts Hoagland ---• • Anlmal Otdinance
f. Cynlhll Sea!foss --Animal Ordlnlnce
g. LOttna Beaureg.lld-Anlmal Ord1nlnce
h. Linda Hart ---• • • -• -Animal O!dinlnce
l Laura Hagan ----• • --Anlmal Ordlnlnce
~ M-,y Seccc ---------Kent and dangerous doga
8. Convnlncations, Prodamltiona, and Appointments
None
CCMee1,ng June Ot 2008 Page2 ol 4 9 Consenl Agenda llems Motion: To approve Agenda Hem 9 a (1), (11) Moved by: Moore Seconded by-Mccaslin Vote Motion Approved (summary· Yes = 7 No= 0) a Approval of Ordinances on First Read,ng Coupcll e,u No 26 -Recommendation from the Finance and Administrative Serv1ces Department and the City Cler1<'s Office to adopt a BUI for an
Ordinance amending the legal publica~•n process to allow publication of legal
notices by ei ther posting on the City of Englewood website or publish ing in a
newspaper of general circulation In the City STAFF SOURCE: Frink
Gryglewlcz, Director of Fi nance ind Admini strative Services, and
Loucri1hl1 Ellis, City Clerk.
Council e,u No 27 Recommendation from the Englewood Police
Department to adopl a Bill for an Ordinance authorizing the acceptance of a
Voctim Assistance Law Enforcement Grant for2008 STAFF SOURCE:
Thomas E. V1nderm,,, Police Ch ief.
b Approval of Ordinances on Second Reading
None
c. Resolutions and Motions.
None
10. Public Hearing Items. (None scheduled )
11 Ord,nances, Resolutions and Motions.
a Approval of Ordinances on First Reading.
Couool e,11 No 28 -Recommendation from the Public Wor1<s Department to
adopl a Bill for an Ordinance authorizing Contract Amendment No. 1 to the
existing Intergovernmen tal Agreemenl with the Colorado Department of
TransportabOn for the construction of the bridge OV8f tile Platte River at Oxford
Avenue STAFF SOURCE: Rick K1hm, Director, 1: d David Henderaon,
Englneerfng/Spect1I Projects Coordinator.
Motion: To a?prove Agenda Item 11 a (I)
Moved by: Oakley Seconded by W,lson
Vote Motion Approved (summary; Yes = 7 No = 0)
Counctl BIU No. 29 -Recommendabon from the Publlc Worto.s Department to
adopt a em for an Ordinance authonzlng Con1ract Amendment No. 1 to the
existing l nlergovemmental Ag reement with the Colorado Department of
T ransportabon for the construcilon of the bridge over the Platte River at
Dartmouth Avenue STAFF SOURCE: Rick Kahm, Director, and David
Hende rson, Engineering/Capital Projecta Admlnl1trator.
MoUon: To approve Agenda Item 11 a (II)
Moved by: Oakley Seconded by Mccaslin
Vote· Motion Approved (summary Yes = 7 No= 0'
CC Meeh"IJ June 02. 2008 P,geJaU 1tI Council Bill No 30-Recommendat,on from the C,ty Managers Office to adopt a Bill for an Ordrnance amending TIiie 7. Chapter 1-A or the Englewood Municipal Code 2000 , enbUed •Dogs and Cats STAFF SOURCE: Mike Flaherty, Deputy City Manager Motion: To approve Agenda Item 11 a (Iii), CB#30 Moved by: Jefferson Seconded by Moore Motion to amend proposed ordinance: By amending the definition or Dog, or Cat Stray
and/or Running at Large /pnyate propertyl:To read ·Not phys,cally restra111ed or under reasonable
control by a capable person and the person must be physically present with the dog or cat while
on that person's premises Not physically restrained or under reasonable control In that person's
vehicle In a manner that prevents the animal rrorn leaving vehicle or reaching any public areas •
Amendment Moved by: Moore Seconded by Oakley
Vote Amended Motion Defeated (summary · Yes = 3 (Mccaslin , Moore, Oakley) No = 4)
FRIENDLY AMENDMENTS :
On page 6 tethering , ·Iha l!!i1 secilOll", on page 8 "Rabies vaccination required" and on page 9
paragraph 6, 3'" line ·debility' should be ·injury·
Motion: To approve A~enda Item 11 a (ui), CB#30, with Fnendly Amendments.
Moved by: Jefferson Seconded by. Moore
Vote: Motion Approved (summary: Yes= 6 No= 1 (Moore))
b Approval of Ordinances on Second Reading
Council Bin No 23, authorizing the Denver Seminary/Kent Place Planned Unil
Development (PUD), Amendment No. 2, site plan adjustments
Motion to amend CB#23: Incorporate following language Into the Ordlllafloe add ing condition
#5· W1th111 any designated bu11d1ng envelope permitting residential towers, the total Hoorplate of
towers burlt shall not exceed 50% or the envelope area Total tower Hooq)late shall be ca lculated
by summ1119 the area or the typical tower floor for tach tower constructed within the envelope
The typical tower lloor shall be determined by the City of Englewood Devetopment Review Team
Penthouse, common amenity or ground floors shall be excluded from lhe determination •
Amendment Moved by: Moore Seconded by Oa\ley
Vote: Motion Approved (summary: Y,es = 7 No = 0 )
Motion: To set a public hearing on CB# 2J ror June 16. 2008
Moved by: Moore Seconded by Penn
Vote: Motion Approved (summary Yes = 5 No s 2 (Woodward, Oakley))
Motion: To approve CB #23 as amended and set the public heanng fo, June 16, 2008
Moved by: Moore Seconded by Oakley
Vole : Motion Approved (summary-Yes = 7 No= O )
c Resolubon$ and Motions
RecommendatlOll from the Finance and Admln1strat1ve Services Department to
adopt a Resolution transferring funds from the General Fund to the Long
RESO #39 Term Assel Reserve STAFF SOURCE : Frank Gryglewlcz, Director of
Finance and Admlnt1trattve Servtc11
CC Meeting Juno02 20011 Page • ol • Motion: To approve Agenda llem 11 c (1) with correctoon in 6" Whereas adding "minion" after $1 5 and on the 8"' Whereas, deleting ·tan· and adding "leaving $500,000 in the General Fund for potential Golf Course related expenditures· Moved by: Moore Seconded by: McCashn Vote Motion Approved (summary-Yes = 7 No = 0 ) i RfSO#-40 Recommendation from the Englewood McleDan Reservoir FoundatiOn to approve a Resolution on suppon of the TT of Denver lease negotiabons. STAFF SOURCE : SteW'lrt H. Fonda, President, Englewood Mclellan Reservoir Foundation.
Motion: To approve Agenda Item 11 c fu)
Moved by: WIison Seconded by. Pl"lln
Vote· Motion Approved (summary; Yes = 7 No= 0)
12. General Discussion
a. Mayors Choice .
b. Counci l Members' Choice.
13. City Manag~(s Report
14. City Attorn ey's Report.
15, Adjo urnment. 9:56 p.m
PUBLIC COMMENT ROSTER AGENDA ITEM 7 UNSCHEDULED PUBLIC COMMENT June 2 , 2008
PLEASE LIMIT YOUR PRESENTATION TO FIVE MINUTES
~PRINT
NAME ADORES~
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Call to Order
ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session May 19, 2008
The regular meeting or lhe Englewood City Council was called to order by Mayor Woodv.ard at 7:4, p.m.
2 Invocation
The invo::alion was given by Council Member McCaslln.
3 Pledge of Allegiance
The Pledge of Allegiance was led by Council Member Mccaslin.
4. Roll Ca ll
Present
Absent:
A qUOl\lm was presenl
Council Members Jefferson, Moore, Penn, Oakley, Mccaslin, Wilson,
Woodward
None
Also present. City Manager Sears
City Attorney Brotzman
Deputy City Manager Flaherty
City Clerk Ellis
Director Gryglewlcz, Finance and Administrative Services
Director Konishi, Information Technology
Director Kahm, Public Works
Director White, Commun"y Development
Director Fonda, Utilities
Senior Planner Langon, Community Development
Fleet Administrator ~. Public Works
Traffic Engineer Vostry, Public Works
Police Commander Watson
5. Consldorallon of Mlnutos of Provloua Sosalon
(a) COUNCIL MEMBER WILSON MOVED, AND COUNCIL MEMBER PENN SECONDED, TO
APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF MAY 5, 2008.
Mayor Woodward asked If there were any changes or modofocallons There v.-ere none
Vote results:
Ayes:
Ml'llon earned
Nays:
Council Members Penn, McCashn, Moore, WoodWard, Jefferson,
Wilson, Oakley
None
6 Rocognitlon of Scheduled Pubilc Commont
Englowood City Council May 19, 2008 P190 2 (a) Bryce Penn said firsl of all I wAnl to say thank you for selecting me lo go on lho Wash1nglon, DC 1np I had a great time I also had the d1st1nc1 advantage to be able to meet all or our Council members and I truly like every single one of you Thanks Okay, Washington, D C . a tnp to remember To start off, e3ch day I made a slide show, which basically involved pictures or whal I did tha t day and ttJn In the slides proceed ing, I lalked .~out whal are 1n lhe pictures so there are some of my pictures Day One. we landed In Washington, D C We chocked 1n10 the hotel on the Shoreham. Once we gol settled we went to check in at our NLC conference ana w~ 'eceived our nbbons and name tags Day One. Joe was very happy 10 have his first
yea, delegate nbbon f ollowing that, we we1e to go see 10.000 BC Some of the h•ghllghts were lhe crazy huge
escalator and If you r.a, i' been to Washington, D C , everyone knows what I am Ullklng about old h1stoncal
bu11d1ngs and !he significance of nbbons Day Two was very busy We first went to the Holocaust Museum
Following the Holocdusl Museum. we allended the National Archives The last slop we made was to the Ford
Theatre and P , ,.,r. House The highlights Included the Declaration of Independence and the Bdl or Rights
The Holocaust Mc• ,um was very mOV1ng II really left an impact on everyone that went though It I cannot
explain in woro~ ho, d felt to see and view the struggle of the Jewish race tnat was exposed Unfortunately, the
museum did not allow photos to be taken On a better note, the Nallonal luchives was amazing The history
and sig nificant documents inside the museum were so beyond behef. Tc the left 1s the Doclarat1on of
Independence Thal was a fake copy because the 0<1glnal was ccmple'.ely faded and on the nght Is the
Emancipation Proclamation. Here are a few P')htic.11 cartoons that they exposed there ... kind of funny. The
Peterson House ... the Ford Theatre was not opfln t,ecause It Is bein9 renovated, which was very disappointing .
Lincoln was amazing ar1d :he theatre ·.•·•· •• po~; ·1 to be eerie anct Interesting. We did, however, go across the
street from the Ford and went to the hou•.1 ,., -~,. L nr.oln passed away. The family was not associated with
Lincoln bul knew the Presldenl had b ,e 1 ~ )! tnl I i :d lo help. Abraham Lincoln was shot by John Wilkes
Booth white watching ·our American C• ,sin." He w;1s quickly taken to the Peterson House where he passed
away ea~y the next morning The Washington ~'lnLment Day Three: Today I attended the National League
of Clues Youth Councd We discussed many 1sscer Including voting age. No Ch!ld Left Behind Act and gang
vk>lence Aller, I took two trips lo the Memonals. o 1e during the day and one later at night. Some of the
highlights are the Woltd War II Veteran's Mem(>t':.t The Lincoln Memorial and the Vietnam MemOtlal The
World War II Mernonal was very 1ntrigu,ng and lntereslJllg Each state was Usled around on walls as weQ as
different ballles and quotes We also had the pleasure of meel!rg and talking with a Wortd War II veteran who
explained his Job In the Navy and what a typical day entailed Here are a law more pictures The Woltd War II
vet that I talked to was in the Navy He explained his day and also talked about what he would do, how he
worked on Iha repair ship and what his duties entailed On the ship, his job was basically lo go to all the big
snips that were broken. He also told us funny stories to all of us. I guess, on the repair sh,p, there was a b,g
rumor about a man thal could repair anything and pretty much do anything and everyone talked about him .
Three months loter, he found out tha t that was him . The Korean War Veteran's Memorial The Vietnam
Memorial was probably the hardest memoria l 10 get through The amount of lives lost In Vietnam were
numerous and II was eene to see a family member hsted Abraham Lincotn ... lhere are a few quotes up there .
One Is my favorite, "Characters hke a tree and reputation hke a shadow, the shadow Is what we think or II and
: .. e lree Is the real 1h1n9 • Day Four The Nahon:.: League of Cities Youth Conference sla~ed at lunch and we
discussed numerou~ community issues I was ,·~ry adamanl when descnbing the Slluations In my community
Man• schools across the nabon shared similar problems The group came to the conclusion thal nationwide the
biggest problems 1n our schools were drug and alcohol abuse, excessive tesbng and not enough strong,
msplnng teachers Lal er on that day. v. e made a 11,p lo lhe Arhnglon Cemeteiy The Art1ng1on Ceme1e,y JS
home lo 290.000 veterans and growing The cemetery 1s home 10 many presidents including Henry Taft and
John F Kennedy Velerans are soldll!fs from the Civil War, Wortd War I, WOlld War II, the Ko,ean War,
Vietnam. the warm Iraq and many other US conflocts Some people lh&t were burJed there are Joe Louis,
RotJrt Kennedy, General Robert lee and many more Arlington Cemetery Not many people know lh1s bul
there 1s a ceremony called the "C hanging of the Guard" The guards are protecting the unknown soldier The
g.ard Is cha~ged every hour on the hour, no later The process 1s very precise and solemn Hore are some
famous lombstones To the top left 1s the Cha llenger crash, al the bottom 1s JFK and also Joe Louis and at the
top Is the United Slates Third Infantry Force Day Five The Na11onal Capitol was aston ishing Our tour guide
was a staff member of Diane DeGette·s , our Colorado House Representative and Democratrc Whip . He made
the tour so much fu n and was full of side stories The architecture and art work throughout the cap1lal was
Deaullful We also were able 10 go watch a Cong1ess meeting m session The National Cap11a1 Some of lhe
statues at the Capital include · Dw1ghl Eisenhower Abraham Lincoln. Thomas Jelfe1son. George Washington
•effurson Davos and General Lee Last Day Our l,nal dav began with an early meeting breakfast wuh members
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Englewood City Council May 19, 2008 Pa go 3 of the NLC Conference and Senator Allard and Senator Salazar Later that day we met at Senator Sala1ar and Congresswoman Diane DeGette's office and we were able to discuss problems and ,ssues ,,, EngleWOOd Dunng the meeUng, my grandmotlier and auntie v,srted the Whtte House and the two JimJ Monument We landed ,n Denver around 7 30 PM Finally, I 901 to see my Mommie There was laughter two Juna, and heir ,s the White House, and here . ~ sorr.e of my EngleWOOd Coty Council I tned to get e11e,ybody but Conclusion: The tnp was onP the most ,r,sp1nn9 and educat1011at expenences that I have ever encoun!ered The history was phenomenP 1 ~,ved each and every part or the district I enjoyed the conference piece as
well. I learned the makeup c our nat10n and also met with many interesting people Everything that we went
over, I ~hared with the Stu Junt Gove, ,ment. We discussed the current issues around the Un,ted States and
had some great discuss,or,s He said and that's It Thank you again. There was applause
Mayor Woodward said thanh 7; 1 Bry.:e Did you want to ment10n anything about some of the workshops that
you attended and some of the n,.;c,,.ci~s that went on w,th those youth groups? Bryce said sure, ii you would
hke me to. Mayo1 Woodward addo!d and what the current genera!IOll is known as
Bryce Penn said okay So we started out and broke Into about six groups which enlalled about five people tn
each group tn my group, we discussed mostly .. a lot of the people that were In my group were trom Ohoo and
rr,ore of the east coast . and their ma1or problems were more -,f racism still, gang violence, al10 drug and
alcohol abuse. Actually, I think there were a lot more east coast schools so the majonty was like that of all the
groups. but I tried to discuss more on the terms or ... beca use our school is not gang violent at all , Wt. don't have
racism problems. I think more of the issue at our school was Just exce ssive testing, bringing In dHferent
teachers and underpaying teachers . Basically that was the big Issue that we discussed , Also there v,as a group
from Cambndge and what they wanted lo do was lower the vr' g age, across the nation, to 17 That was a
pretty big discussion They had actually passed their teglslatlon through the City but it can't WOik through the
C~y. they have to go through the Stale. And , they are really trymg to figure out how they can get rt and they
asked IOf help and how they can get ,t statewide and then, obviously, na~onwide They had a grea
presentation Thal was pretty aw,ssome. He said are there any questions? I can answer ques!IOlls ,f anybody
has any questions
Mayor Wcodward said no, I th in k Iha! is II. Thank you, Bryce. He said B,yce !s a senior at Englewood High
School, graduating here In a cou~ 1, or weeks, an t.onor student and an All State and an All Star athlete so
congratulations Bryce.
7 Recogn ition of Un1chedul ed Public Comment
(a) Laura Bartn,ck, an Englewood resld,ml said I'm here tonight to speak with my d1slrici
representative, J~e Jefferson, because there are twc kinds of courts There 1s the legal court, and there Is the
court of public opu , ·, Slander •s a devastating weapon, and so I'm simply here to remind you of the truth
II Is nol the boarding hou. ,1llon, which requires a r.x Boarding houses have been around since common
law, and the definition from Webste r's and Bl ack's dictionaries from the year th e COOd was adopted, possibly
1958 here in Englewood, Is probably th e defin ition which should rule. Faihn g that, Colo rado defined a private
boarding house, In May of 2006 , which Is modern rule, enough to hold for Colorado. Two weeks ago, you
,gnized that the City owed the Citizens and apology because the City's case In the municipal court had to be
,mssed for numerous reasons Apparently, that fact has escaped some sitting on Staff and Council The facl
. ,at I am a law-abiding c,t,zen 1s not simply a loophole. a term used both by Council and also reRected 1n the
neighbor's language, but nellher Randy Penn or Bob McCas~n seemed to understa'ld what II meant to have
been wrongly advised by their City Attorney, dismissed ,n Court, and even !he idea of a moratonum had
escaped them. By acti ng as cheerleaders to the mob w,th phrases hke, 'keep fighting the good fighr and 'we
support you·, they displayed !heir Ignorance. White most or us graduated from high school, learned how to be
good sports, stopped passing notes to one another, wen• on to better, dee per loyalties and abihtles to look
beyond discri mination. those two seem bol'~d up In Juvenile activities. The re Is a court of public opinion still
raging I want to know why the City Is still fccusod on me, still stirri ng up aggression against me, and still
refusing to do not the right thing , wa,,t to personally thank you, Joe, for several things. One was that you
?penl y afftrrned that our status as group home was grandfathered In That offering was lull of courage and
,ntegroty, a:>d I th:.nk you Sc,condly, after l1stPn,ng to the minutes of that meebng , I was so mpressed that you
menboned everyone by name who spoke II d0\jn1hed each one. although they were on oppos,le sides of the
Englewood City Council May 19, 2008 Page 4 Issue, and reminded them of their mutual human ily I thoughl lhal this one acl separaled you from everyone else sI1Ung on Counc1l th1s lerm If I had been recognized with human decency when I wrote my firs! or second letter to Gary Sears. pleading for help and duecllon . lh1s Whole yea(s work of slaff and council and tax dollars would not have been was:ed tr Council would have addressed lhetr leller lo me and lold me lhe truth instead of sending me a leller w1lh a lie that ad the f)OSlbons on the Planning and Zoning Comm1sS1011 were mled, I would have understood lhe~ al'lkward pos,bon a·ld would have f0<g1ven them But lh1$ Coty has demonstrated to me lhal I am nothing lo lhem Gary Sears has railed 10 find the most efficient way to settle a City problem as 1s one
or his tenants ,n his Professional Code of ElhlCS Ir you read his job description In ARTICLE A 1-oA· 1 · City
Manager Dulles, you w,11 r,nd lhal he has failed lhem In anything relal1ng lo the Pta~ Street episode You may
lh1nk, ·well. bul he's done many other good things' bul 10 me, when someone sacrifices even one person's
safely and well-being for his own personal agenda, he betrays his office, his slalure and his lnlegrily. This ,s nol
lhe firsl bme he has simply ignored me I have an e-mail from March of 2006 requesting lhat our slreet be re-
graded because our car dOO<S kept raning in us every ttme we oot out and they were hur1lng my husband's knee
wluch was recenlly replaced lhat month. He ignored thal e-m:' , '!!quest as wen Perhaps he feels that
convnunr.abng wilh a c0<nmon e1bzen is beneath him You, on the olher hand, though we have disagreed, have
shown me respect. as you have shown the olhers in your dl$tnct respecl. and I lhink thal qualifies you for a long
pchbcal career Thal Is much more than I can say for Mayor WoodNard or Jill Wilsen They each personany
know one of tre residents llvmg in cur heme. Mayor Woodward re•ied on th•s mold-mannered, polftically
intelligent man lo the extent lhal lhe Mayor named him as his campaign chair and relied on his strategy and
work lo get him his first sea l on Council only a couple or years Ego Yel, lhe Mayo r turned his back on his fnend
over lhese latesl months, lying lo him and conspiring against him. Why? Because he lives with us in a nice
new tour-bedroom heme, ,n a single family zone. Wow. That's a crime worth slabbing your friend in !he back
for And Jill, the only pol .. ical accolade she has lo her na me. In Englewood. is lhe Englewood Unleashed Dog
Organization , a non-p<of,t orgamzallon or which this same m,ld-mannered man, who hves with us, happened to
be the President As the head cf lhis ldlle group, he was able to tum the minds of Councd, one by cue. in a
d1ff1CUlt debate. lo allow a dog fnendly park in the City Jdl Wdscn d1mbed on hos back to get to her seat and yet
she eggs on the mass menlahty 10 steal his home fr0<n him This is not only pol1t,cal, but personal Bolh
lls•ened to the slander of Greg Allen Pickell, Chnsltne Carmen, Miguel Drake, and others c,t,ng him as a
'transient". as an •invader', as someone who has no vested interest in the commun,ly and who refuses lo spP.ak
w1lh lhem. and whn causes Insurmountable tralflc and parking issues on lhe block. It musl be him they were
complaining about because our students. who walk lo lhe bus. de nol own cars In America . Mayor Woodward
and Jill Wilson listened as they accused us all of hvlng in a fou r-bedroom house wtlh 1 O people . Yet, even then,
lhey refused lo speak lhe truth or lo defend them ,n Council's Choice as someone lhey could personally
endorse The~ conduct Is reprehensible, and the people of dus Ctty will discover fUSt i,ow far they stoop,
allow1ng a fnend lo be led lo slaughter so thal they can appear objective Sorry, ethical objecbv1ty does not WOik
lhal way. If a fnend and coneague ISll't sale with4n the laws of lh1s City and lrO<n this Englewood Couool, who
,s? Joe, when this Coty ~ailed lo read rt's laws, even when I wrole to each Couool member personaQy, v.hen
they all failed lo acknowledge my human,ty and chose lo discriminate against me and lhe Korean sludenl and
artist who lived with us, they disqualified themselves In my eyes, and In lhe eyes or many In Englewood and
outside tc, serve this City Instead, this City lead a conspiracy of harassment starting wllh the false counsel of
Altorney Dan Bro tzman, which each of lhe starr and Cou ncil rel.ed upon for a Municipal Court Summons and
Complalnl. which was eventually d1sm1ssed for lack cl legal g,ound~. all the way to Lance Smith Invalidating our
permits and stealing my permit money because or ·c,1y error· 10 quole his leller, to cheering on a Pearl Street
mob menlal1ly lo lake our property apart from lhe laws of the State of Col<.rado and lhe City's own ordinarices
Mayor Woodward said Ms Bartnock. can you please wrap up? Yoo are over your time Ms Bartmck
continued 2nd even the Federal Const,tubon and our 81H o/ C1t1Zens R,ghls As far as I can see, !hey have
each shunned their oaths for a momenl or power And don'I you know. "whom the gods would destroy. they first
make drunk w1lh power" Yes, lhls City owes us all an apology, nol Just the neighbors, end we are due one thal
begs much more than words I ror ,nslance would hke all of my permI1 money returned as soon as possible for
all !he damage this Slaff and r.ounc1I have done to me Tho def,nllion or "household" was expedien t law. bul ,1
was based against all the wisdom of surrounding commun,t ,es, and even that primitive ob1echve was finally
dropped al lhe h~armg Further, ,twas enacted against !he warnings of legal counsel to not d1SC1iminate or be
unreasonable. and aga1ns1 the C1hzen Ccmm1ssoon s recommendabon a quas,-legal beard Renters can be ;usl
as law abiding as home-owners
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Englewood City Cou ncil May 19, 2008 Pag e 5 Counc,I Member Moore 1nlerjecled with Ms Bartnick, yo.; have had five minutes to berate Council and you've taken n,ne Ms Bartnick continued and of the ;,ohce and code enforcement do the,r Jobs Council Member Moore said Mayor we need to end lhts May°' Woodward said coutd we please have Ms Bartnick contonued .. and Counc,I uses lheir ,magonatoon, nerghbors can do nght by each other whelher lhey rent or whether own property
Mayor Woodward asked Police Commander Watson to please escort her out Ms Bartnoc:11 continued .. we an
know families who let 1he1r own property go to ruin . Legislating the care of property and neighborly respect
cannol be dona through government inlerference into personal household relationships. If a renter likes to
garden, the yard witt be kept up. If an owner wants lo sUck it to his neighbors, he will lei his kids and d1gs an,1
cars and weeds run wild. Thal law was Improperly , though expedienUy, leglslaled on bad far.ts like de .. whlc.,
st1ft cannot be connected ...
Police COfnmander Watson, standing at her side, said .•. Ms Bartnick, you are over your time. Wou ld you hke tn
sil down or you're welcome to stay al the meeUng, but you need lo ellher wrap this up°' you need to 9"
Counot Member Moore sa,d sho's done Ms Bartnick replied I'll be done Council Member Moore said no, it's
done. Ms. Bartnick said I said okay, I'll be done . Council Member Moore said I'll be done suggests ITIOf8 lirm ,,
coming Ms. Bartnick said there w,11 be more Ume coming, Police Commander Watson said you ., n>or~ lhan
welcome lo stay but. ..
Counctt Member Moore said I am going to go a litlle out of order here. For those In the audience Nho would like
to understand the Issue a kttle better, please leel lree to read the minutes from the tast Counc,I meeting so you
can get a fuller picture of the citizens' viow of this whole Issue. Thank you
(b) Kris Beisel, a Littleton resident, said tha nks for letting us speak today. All of my chlldr"n are I 1
Englewood Public Schools, howeser, I am from Littleton My co-manager, Jenny Ricklefs, i s fr°'" EngleW0011
and luAnn Is also frO(n litUeton but her son also goes to an Englewood School. Bryce Penn brought up the tact
earlier that our schools are having some troubles and I want to tell you that I lhlnk Englewood has taken some
major sleps toward making a huge difference In that area Englewood Leadership Academv Is an Innovative
way to do middie school. The kids have high test SCO(es and this team, the group of studE , ~ frMI that school,
are on a program called Destination Imagination, which fs another innovative way lo get kid, m,•" ·~nlved In
school, more in touch with creativity and team building and engineering skWls and art WOfk and rt:.••Y gives them
an experience that is transferable to real ltfe. I want to talk Just a hltle bit about this team p,'\d some or the
adve·slty that U,;y have overcome. And then, LuAnn is going to give a liHle briel ol lheir a1.COmpl1shments and
then one of our team members, Claudia, ,s going to talk to you about what they did. This team Is a relatively
diverse team. We have an engineer team mothet I worll In non-profit and Ofganizatlonal development and
Jenny does pastOfal care, so we kond of have a variety o1 managers. And then we have kids We havP wo with
some significant learning dlsabllltles, several that are very good wilh math, several that are very goort • wiling,
several Y,l\o are very good at reading and scie ntific research, and they had to come together to be a 1, But
one of the things that they had to do this year is, four days atter they won the regional toumamenl Ill') ..o,, one
of the team who Is not here today, was diagnosed with leukemia Thts team had to rally around him lo make
adjustments. Tyler bui lt him a hat so that he woul6n't have to be bald on stage and It ms right with his costume
He made ,t by hand They added wheels to our stein wht<:h you can see the pictures of down there so that he
would be able to move It across the s tage even though he was weak and tired This team really has wo,ked
very well together and they have been successful. In the modst of an thal diversity, they went on to the Slate
compet,bon and placed first and they are now able to go t o Global Finals This Is only lhe second tome a team
fr°'" Englewood has gone on to Global Finals
Lu Ann Yeaman said I would note that between Kns and I , we have probably coached 18 teams and out of
those, we have only come up with two that have made ti to Global Finals This Is one of those. I just wanted to
read fOf you reaUy quoc:lliy what the appralSerS had to say at the Regional Tournament "This team has the
whole package They showed they really understand the core principles of Destination Imagination as they
created totally unique solut10n Their teamwOfk was seamless as they wo,ked together to b11ng lne German
haul plant to ltfe Their artistic ab11tty shown 1n their 1ncred1bly detailed beer stein .. 7 fool tall by the way and
Englewood City Council May 19, 2008 Page6 theif techmcal skdls were eVldent on their hand-bwn electronoc plant he detector Whelher ,twas the~ hlttsldes ol hauls or their shadow puppet Hindenburg disaster, this ,s the team all lhe appraisers will long ,emember • Jenny Ricklels said I had a problem this year, ~s we had to choose a myth thol we could prove as plausible or as not. We chose to find out If plants really havt leellngs and we did so by building our own lie detector machine because tt changes ... the skin would change on the plant and would sp ike a meter We also had to build a story around our experiment that look nlace c,ut of the nation We chose to do 11 m Germany and we had to use a
historocal reploca and we chose le do " !Y.,er stein We had to build a story around that and tle In the results of
our experim,nt was In there.
Kr,s Beisel said this Englewooc ;,•y Council supported us last year, which we t~ank very much, and we are
here today to ask for support a~,:i, V\e need lo raise about $8,000.00 and we a,e ~elllng closer We are aboul
$500.00 away so any amount wi ll help, Bui, we are really proud of this lnlllatlve, bolh Eng lewood LP.adership
Academy, which Is showing us how to do middle school righl and Dest,nat,on lmag,natlon, wt11ch I~ showing our
kids how to function as a group when they grow up So, thank you very much lor the t,me She a ·ked ,r there
were any questions.
Council Member Jefferson said have a great 1, .•
Ms. Be isel said thank you We leave tomor,ow al 6:00 a m.
(Clerk's nole' The olhPr sludcnts standing al the podium were Claudia Ricklefs, Randy Kloe~ er, KrIlyn
Wleszcholek, and Tyleo Yea, ~n Dustin Beisel is a partlclpanl but was unable to altend)
Mayor Woodwards:: 1 i::r ~'lll As you know, we typlcJUy do not address speakers untd lhe end of the
meeting under Council i ,~rno,,s' Choice Thank you for your presenlallon
Ms. Beisel said than k you very much
Several Ccuncd members wished them good luck.
(c) Council Member McCashn said while Linda Is corrung up, I would kke to say that Londa Is an
Englewood resident and she ,s also a professor and director at DU with the P10neer Leadership Program and
she ,s also on lhe Keep Englewood Beaubful Commlssoon I went to a P'Osentat,on the other night wIlh these
sludents and they did a greal job. So Linda, I would like to introduce you .
Linda Olson said It Is a pleasure to be here as a citizen of Englewood and one of the Commission m~mL,e,o but
I want lo let the students speak to you lonighl They were Involved In Keep Englewood Beautrful for the last 6 or
7 months and were involved 111 several ln,toallves lo gel us ktck started In some new areas. Whole Troy Magney,
Jenny Nelson and Darcy Struckhoff, all three of them are sophomores at the University of Denver on the
Leader SludlM minor thal I oversee. so I win let them lake it away
Troy Magnev said thank you for hav,ng us, We are part of the Pioneer Leadership program at the Un1ver&1ly of
Denver Lil , , Olson is our Doreclor and she hooked us up wllh Keep Englewood Beauliful for a project that wo
all undertake our second year called the Community rhange Initiative And al the Unlversily our moUo Is, a
privale unrverS1ly dedocated to the pubhc good A loI the groups at DU wiU gel Involved In Initiatives down
town In Denve, but not so much In the suburbs dorectty south of Denver, Englewood So, we lhoughl rt would be
a great opf)Orlumty to get involved in Englewood in thlS 1mbabve. We have about 12 to 15 groups of
sophomores In lhe Pooneer Lead<Jrship Program work,ng on these co'llmunoty change ,nibatives throughoul
Denver and lhe surrounding su~urbs We are the only group work ing in Englewood and we had a greal
experience I lhlnk Jenny or Darcy will explain whal we did
Darcy Struckhoff said so this year al l three of us were really Interested in addressing environmental Issues
That was something we wanted 10 do but WP didn't just want to work with a non-profit We wanted to work wilh
a govemmenlal entdy So, Dr Olson told us aboul I1,tS opportunrty to worlt wilh Keep Englewood Beautiful So.
we started com.ng to meebngs, and Just klll<I of kept attending meetings and we did a bunch ol research. I
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Englowood City Council May 19, 2008 Page 7 guess, In terms of community susta1nab1hty, maybe things that Englewood could do and kind of got under the wings or the Education Sub-commillee and the Keep Englewood Beautiful Commission Through the sub-comm1tlee and then some of our own work, we were able to do an Earth Oay teaching at Bishop Elementary School here m Englewood Thal was a really neat actJV,ty We got to go into all of the classrooms with DU students on Earth Day We went in there for about an hour In every classroom and JUSI had d,rlerent lessons kind of appropnate !or the age level or the kids So that was a really neat way to incorporate the enwonment and incorporate it with you th to do something that we could see the results of Maybe , hopefully you Know, the
kids can bring II home to their families and learn more about what Is going on
Jenny Nelson s.iiJ so it was definitely one of the most rewarding parts of this. was to Just woo-wnr .o many
different groups. And I lhink lhe most lmoactful !or us Is to s~J tt.~ c..olaboratlon lhat could occur t et·i-ccn lhe
City and the schools One of the big components of our proj(u Is tu locus this on lhe sustalnabl.ty on tho
project Itself and to not just leave rt after this year but to conllnu•, it, and to kind of progre,;. it, tc make~ bigger,
to see what we can do lo further lncorporah• • "11~ environmental education Into the schools and th1
curriculums. And so, what we Just wanted t, ?n tell to you Is, we would really like to see lhat c.:>llaboration
continue The Pioneer Leadership Program l'OCS these rrojects e-;r ,, year so hopefully there will be continued
relat10nships belween lhe students and betw~en the c~. beca11!.l ,twas such a rewarding ~·ncess for us to
see the kids get realty excited about env11onmentat educai..,r, , ,'I<! •l's cool I'> mcorporat\! .1 '" .n Interac11Ve
and fu n way, but it is af1,0 so important to our communities to be focused on 11,,s and to realll be considerate of
the environment and be educating youth on what Is going on with that.
Linda Olson said great thanks to the Commission and those of you that have supportea the Commission with
this. The students learned a ton 111 watching lhe City process these t,vough a Commission That is a VefY rare
opportunity !or students to find the time to be able lo be in something hke that So, tt is a great learr.lng
expe11ence for them, Also there, as she ment10ned, the experience In the public schools was tremendous and
the pri ncipal ls extremely helpful al Bishop, And we hope that the curricu lum that they develop for that can be
passed along and be used in the future along with several other Initiatives that they are Involved in Thank you
very much
Mayor Woodward said thank you and thank al of you lor your participation with Keeping Englewood Beaublul
8. Communications, Proclamations and Appol~tments
(a)
considered
A letter from Diana Helstrom announcin11 her resignation from the Urban Renewal Authonty was
COUNCIL MEMBER Mc CASLI N MOVEO, AN O COUNCIL MEMBER WI LSO N SECONDED, TO ACCEPT
THE RESIGNATION OF DIANA HELSTROM FROM THE URBAN RENEWAL AUTHORITY.
Motion earned
Ayes : Cou ncil Members Penn, Mccaslin, Moore, Woodward, Jefferson,
Wilson, Oakley
Nays None
(b) An E-mall l rom Laurel Dygowsk1 announcing her resignation from Keep Englewood Beauhful
was considered
COUNCIL MEMBER PENN MOVED, AND COUNCIL MEMBER McCASLIN SECONOEO, TO ACCEPT THE
RESI GNATION OF LAUREL OYGOWSKI FROM KEEP ENGLEWOOD BEAUTIFUL
Ayes Council Members Penn , McCastm, Moore, Woodward, Jefferson.
Wilson, Oaklev
Nays None
Mahon camed ,
9 Consent Agenda
(a) Approval of Ordinances on First Reading
Englewood City Council "'•Y 19, 2008 Page 8 There were no items submitted ror approval on rorsl reading (b) Approval of Ordina nces on Second Reading There were no llems submitted for approval on second reading.
(c) Resolullons and Mollons
COUNCIL MEMBER MOORE MOVEO, ANO COUNCIL MEMBER OAKLEY SECONDED, TO APPROVE
CONSENT AGENDA ITEM 9 (c) (I).
$78,246 00
Vote results:
Motion carried .
(i) The purchase ol a 37 -foot buci<et !rude from Allee Industries ,n the amount ol
Ayes: Council Me1nbers Penn, McCashn, Moore, Woodward, Jefferson,
Wilson, Oak ley
Nays None
10. Public Hearing Items
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(a) Mayor Woodward said this Is a Public Hearing to gather public testimony on Council Bill No 23,
autho,ozlng the Denver Seminary Planned Unit Oevelopment Amendment No. 2 •
COUNCIL MEMBER MOORE MOVED, ANO COUNCIL MEMBER WILSON SECONDED, TO OPEN THE
PUBLIC HEARING TO GATHER PUBLIC TESTIMONY ON COUNCIL BILL NO. 23, AUTHORIZING THE
DENVER SEMINARY PLANNED UNIT OEVELl)PMENT AMENDMENT NO. 2.
Ayes Council Members PeM. Mccaslin, M00<e, Woodward , Jefferson,
Wilson, Oakley
Nays None
Motion earned and the publ ic hearing opened
All witnesses were duly sworn.
Senior Planner La ngon said for you r consideration this evenin g Is Council B1II No 23, a bill ror an Ordinance
authorizing the Denver Seminary Planned Unit Development Amendment No 2 The request by applicant.
Continuum Cherry Hills Land Company, LLC, to ame, d the Denver Seminary PUO that was nrst approved by
Ordinance No 52, Senes of 2004 and amended by Ordinance No 9, Serles of 2007 I have already subm~ted
for the record Prool ol PublicatJon or this Public Hearing II appeared in the Englewood Herald on April 25, 2008
and also the Ceruf,c:ale of Posbng that 4 signs were posted on the p,operty since May 3, 2008 announc,ng this
Public Hearing Also, I would lilte lo submit for the recOfd the Council Commun,c:atlon and l1S .ittachments
Communtty Development recommends the app,oval of Amendment No 2 as recommended by the Planning and
Zoning Commiss1011 with condrt10ns that were ouU1ned tn you: Counctl Communicauon And thOse cond1bons
are I AD approved cond1t10ns and requirements established under the Denver Seminary PUO and Denver
Sem1nnry PUO -Amendment 1 shall apply unless amended by Ame,,dment 2 2 Amendment 2 acknowledges
the need for flexib le development optoons by establishing three deveIopment envelopes Technical site plan
review of development with in said envelopes shall be by the Development Review Team for compliance with
PUD and Clly development standards 3 Envelope 2 shall be limited to uses permitted In the "household loving•
category oflhe PUD's Table of Allowed Usos , 4. Hotel Use shall be limited as follows a Hote l use shall be •
localed only In Envelope 1 b Hotel use s11811 not be a separate, stand-alone use. c The maximum number of
hotel rooms shall be 150 d If hotel use is approved, the follow1ng statement from lhe original PUD shall be
amended lo read as the number or residentia l units does not incl ude proposed guest accommodal1011s ror
guests of residents of the prOJect Such spaces shall not exceed 900 square feet and no more than two such
spaces per residential condomImum tower shall be provkfed • The Hearing tonight ,s lo consider public
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Englewood City Council May 19, 2008 Page 9 test1111ony on the proposed Amendments I will go C7'1el a <X'Uple of quock thmgs and lhen I am going to gr;e Just an overview of the PUD Amendment 2 and then Director White from Community Development WII speak and then the Appltcanl represented first by Keva, Foltl Will address the Counc,f Ms Langon said the original PUD reioned the srte to pennrt the proposed development of comme<Oal use and resadenllal use Amendment 1 was approved In 2007 and that adJusled some retail space and square footages and some parking rallOS that IS kind of the simplest way to address that All of the elefflenls of the PUD remain 1n effect unless they are modified lon,ght ty Amendment 2 and the request Is to amend just si: I,<. are..s o: the PUD not the enl>fe
PUD. 1ust partJcular areas Issues consl(!ered tonight addrc .nly 111-,.i, pr.;;.,.,-;e-<! amendments and not lhe
ZONl9 itself but JUSt elements of the PUD. Prev,ous arrangemur · ll' ·, outside groups ate cMI mailers ..r.d are
not part of this Amendment 2 and requirements of other 3!)r"-::ie~ or •· ·,d1cbons are not part of thi,; Amendment
2. Sonce the Planoog and Zoning Commiss,on meet"' _ .••-..nt h.K addressed two issue5 that were
identified dutlng that meellng , .. ,, ••r.is the dormer ". ;. ,. , .• '"· •ors to the west and that was an ,ssue that
was negotiated and resolved wrth the western ne,ghbcn • _., ~ t .age The second ,ssue ,s an adJustment In
the numbe< of hotel rooms equabng the number of residena ' • 1 'lotot room e<;uals I residential un1l
Those two adjustments slnce the Planning Comt,1iss,on are refleoted in the plans that you have before you She
said lo f1VeMf!W Amendment 2, as I said, the general charcter 01 the development l'Mlains the ,ame It ,s sblt
a mixed-use development It is sbft for-sate residenual units IYllh retail componenls There IS sbll the same
park,ng rabos, the same access points , the same UM•rsity tum lane, as PfOl)C)sed. and traff,c patterns are
basically the same and I am sure the Applicant w,11 ad ~ress thaL Amendment 2 proposes an addition, first to
lhe table of affowed uses FIISI, for single and two-oolt restde!Wal use and Hotel Use. Next 1s an Increase in lhe
retail and canmercial space to 75.000 square feeL..that Is from 51 ,500 square feet in Amendment 1 and they
are also proposing to decrease the number of residential unrts from 350 lo 300 Probably the biggest p,oposal
Wllhr\ the PUD Amendment is changing from budding loolpnnts to aeabng three erM!lopes Wl which allowed
uses are allowed to occur provided that afl development aspects that would include the heighl se:back, bulk
plane and floor area requirements that ate aweady p,esel Within the PUD, are mel Creabng an envelope does
not mean the enure envelope will be fllled, ij only Identifies where development may occur You have to
remember that the envelope ilsett ls larger than the building lootpnnts that were identified 1n the or,g1nal and the
fvst PUD amendmenl but the envelope concept allows for greater "8Xlbllily with building locatJon and
orientation and 11 removes the need to retum each time lhere is a consideralton for relocation of a bwlding or
act,ustment ,n the onentattOn of a building Aga.n, that means returning lot a ful PUD amendment from concept
to working through au phases of 1l. through staff and development revil!w to Planning Cornm1sslon Publ,c
Heanngs and then this Publ,c Heanng before Council .. takes a mnrm.-n of 5 to 6 monlhs The concept of the
envelopes allows for more llmely reaction to market conditions And. the envelopes WOfk because they allow
more nex1b1hty. Probably lhe easJest way lo ltunk of an envelope IS to consider each envelope is almost like a
zone dlSlrict in and of asett within the PUD Just as there are zone di$1nds Within lhe City, each of the zone
dlslncls, or lhe envelopes, within lhe PUD Identifies what can occur there, the uses lhat can occur there, the
hetght ol buildings, the bulk plane, and au the development standatds that you would find in a standard zone
dlslrict withm the C4y The PUD already, as I said, controls he,ghl setback. bulk plane, use. and floor area and
those are the mechanisms to control development v.,th,n the POD She said I WIii stop wilh thaL That IS the
techn!Cal end ol the PUD and lhe p,ocess I will have D~ector White address some Issues and then we'll move
on to lhe Appllcanl She asked ,f there were any quest!OOS at this hme. There were none
Director White said tor lhe next few moments I want to put on my economic development hat, 1f you will indulge
me This amendment to the Denver Senma,y PUD represents two 0pl)Ollunrtles lot the Ctly of Englewood
Number one, as Ms Langon has stated, 1t is a redevelopment of a sizeable vacant parcel of land In the
communlly and as such 1s a redeveloprnerrt opportllllity, but f ,s also an economic developmenl opportUntly
There w-11 be ooe-llme revenues that w~I be generated by the construciion of this prqecl as weD as ongoing
revenues 1n lhe form of property taxes and sales taxes from the rata,I uses lhat wm be generated by thlS p,o,ect
Also, there WII be ongo,ng positive econom,c mpacts generated by lluS project ,n years lo come. So n Is
,mportanl from an economic development slandpo1nt ,espondlng to economic development opportunt\Jes ,n
the City , rt IS often times cnt,c;al for a Crty to act quickly 'hal e-,er changmg rnar1(el opportumhes can be
reallzed The City should also prOVlde some fie 1b1hly • lS approval :;o lhat a developer can take advantage
of those market oppotluntbes As Ms Langon has presented, this PUD amendment provides a framewotll
within which the developer can fmakze plans for the redevelopment of the Pfoperly This framework establishes
sta1,dards for uses, selbacks. heights, bu,ldmg envelopes, bulk planes, parking, landscaping and arch11ectural
~ But whde this framework sels the overall standard< for the d4Mlopment ol the parcel. rt also l)foVldes
Englewood City Council May 19, 2008 Page 10 ·•I•ons to the developer m creaung 1111. hoal plan ro, de,elop,nen1 or lhe s~e ()pl1011s such as housing types 101k p,ovded buildong ptacemenl ""'"' .:o,mieraal uses can and win be included on the PfOJeCl options'°' m:emal circuta110n and where parking "ll / !A located Having these options available to the developer Is crucial in respond.ng 10 market concf41ons """ ba--1.,,g a successful pr<>jeci and that IS, after all, what we want 10 see here These opuons also allow the ( ,1• ,c, respond qu«:kly In revealing development plans So, m conclusion, the City staff supports thlS second a!T'el'dtnfflt as an economoc development project. because not only does d meet many of the qoals or the Comprehensive Plan but 1mportantly It positions the developer and the City to
respond to marltet condmons as O!)POl1UOIIM!I anse and allows the property to develop Thank you
(Clell<'s note Mr FollZ u$ed ~01 .. : Slides dunng his p,esenlatlon J
Kevin Foltz said I am the Development C •@CIO( fOl Connnuurn Partners Thank you again for allowing us 10
p,esent tomghl, to present this second ar.,endmenl Befoce I get started I would hke to introduce, in add1llon lo
our development team, other members .,; our design team who win be ava,table 10 comment a1 any tme, 111
addition to myself Two architects Je•cm~ Bieker and Scott Hall)lll with Tryba Architects are here, David
Center, our cMI engineer and Stc1,e Tuttie "'1h Fox H,ggms IS our trar,sportat1011 engineer. I thought tt was
appropnate to start tonight, since d is our ~"lCond amendmenl as you heard. we have been through a first
amendment when we onginally acqu,rnd this prc,ect. but I think rt IS wnportant to take a step back and brie!ly
descnbe the stat us of the projecl and lhe evolution 5ince we beeame lllVOlved after the onglnal PUD We did
acquire the land and purchased the land 11 2005 Since that ttme, c:oncurrentty, with a f,rst PUD amenClmenl,
we completely designed our first phase of developmen~ that Is 111 units, a mlX of 2 busmess towers and
towt,homes and the~. p,ev'IOUSly appoved, 51,000 square feet of commercial property We have designed
that We have subm11ted It to the Building Department and some of those permtts are actually ready and
avaltabte fOl pock up and consllutllon So, we are laigely ready to go on poruons of the development When we
launched our sales, back ,n April of 2007, with a very soocessful launch, we immediately laced a swnch ,n the
residential mal1tet WI the summer of 2007 and leading ,nto late laSI year At that time, we evaluated some
opportunities for ch anging prOduct types, based on acceleraUng development and the PUD as it stood, became
an obstacle, obviously to moving that folward Over the past year, we have really spent thal bme listening to
bUyers. fistening to lhe markel and analytilllg the market to see what we could accelerate. And as I men1ioned.
we were unable to acceler1'te the p,c,ec:t under the concfrt1011s of the em1111g PUO. It Is important to note that
we have tens of millions oi dollars Invested in this project between our land purchase the design planning, sue
developmenl demotiuon ,nd r,a process up there h IS a significant mves1men1 for us and that IS one of lhe
reasons we need to ac,-.;;IeraIe and we need lo be able lo respond to the markel Idle land .. idle
development ISll1 good fOl ea>nom1C de',elopmenl as Mr Whrte stated But, rt IS also nOI good for our
development as well . We really look those market c/langes to heart and that Is really why we are in front of you
tonight As I said. tt.e eiosbng PUD realy did not aJow us to move forward Generally, we have reduced the
overall height and density or lhe s~o. since we began the amendments This Is the OC1ginal site plan, as we will
demonstrate In fro-1l through the eM,re presentabon We started -6 lowers the ongonal PUD had 6
towers it had 65,000 square feet of commercial space, retail and otroce space located on three stones along
the comer and then ~ had about ~5 townhomes arourid the peflmeter Amendment 1, as you can see what IS
shown here, this was our first phase of development and then Amendment 1 reduced the square tootage from
the 65,000 down lo 51 ,500 located on one and two stones WI the comer and a small restaurant use III the lfllerlCf
project At that lime, we reduced the overall PUD from 6 towers 10 4 towers, located 2 1n the Interior and then
we did create, at that t.me, an envelope, ve,y much Ille wtlal we are p,oposIng under thlS PUD, '°' future
development In the second phase We reduced the fourth and fifth towers down to townhomes and kept very
much the same layout along the western edge and the eastern edge with townhomes The conceptual s,te plan.
currenUy. ,s nol very different from thal ,n the interior block, w,th the penmeter reta~ exactly as It was ong1nally
designed. as I said, 1t 1S currently 111 lhe Bulld,ng Department for permllbng We have increased the total retai In
the p,oposal from 51,000 to 75,000, located on two sides of lhe streeL 50,000 on this Side and up to 25,000 on
the 111teno, of the block. being par1<ed, .:,bmusly, at lhe ratios that were approved ,n the ea1rier PUD There are
no changes to lhe parking rat,os. What we are now showing IS essenllally a two lower scenano ThlS IS exactly
the same fOOlpnnl and exactly the same towers thal IS currently designed and has been reviewed by the
Bu11d1119 Department This Is a conceptual tower lhal we will talk abOUI In terms of how thal fits 1n the en,elopc,
111 the future phase As. I said we spent rooch ol our time ove< .he past year ksterung Jo the market. boUl m a
tower res•den11al unil and also ,nan at-grade or lower lo the ground res!den!Jal unit Rather than the straight
townhomes that we had before that we,e l'Ml and llvee stof,es v.,lh many s1a,rs and elevators in each llldNodual
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En glewood City Council May 19, 2008 Page 11 uM this buyer 1s stlll looking for a larger unit lhal has some yard space and has privacy with pnva1e court yards and garage access off of whal you see here , which are alleys, at-grade access So this real1gnmenl of the road immediately forced us into this PUD mod1focatoon and with us, ctealed these envelopes. 5" :i:a,11. Nhal 1s changing in this PUO? As you have heard, we are creating the butld,ng envelopes to allo•. l,1e de.,Ign adjustments wllh distinct height and bulk plane guidelines Thal road has shifted lhe nortn tower building envelope to the easl We will go through !hose envelopes The add1llon of a small hotel as a permrtted use The hotel and condom1n1um combination ,s a concept lhal has gained popu lanly In many luxury multi-farnlly
uses It Is a very compatible use 1',llh a concierge and a fitness amenity club tt Is another loot lo potentially
accelerate development The likelihood of us bnng,ng 11 lo lh1s site Is relatively low at this poinL II is a use that
we see as a highly compatible use, lhat we believe should be a permilted use, especially w,lh lhe cond1Uons lhal
have been placed through the Planning Board the reductoon of allowable residential units from 350 lo 300 and
an Increase of allowable square footage from 5 1,500 l o 75,000 It Is very important lo note wha l Is nol
changing the City staffs ~~nlfo1 over compbance, the res1tict1011s that are tn place, lhe setbacks, the land use,
the bulldNlg heights those are all very much 1n place and gives the planning staff and design review board
team the ability to review that and control that The general building setbacks from property Imes there have
been slight mod,rocalions here and there, but I think you win find that lhe property hnes. the building envelopes
st,lf respect these property lines Off-site roadway or traffic s1gnalizat,on, absolutely no changes to that portion
of the pro)ecl Traffic demand has resulted In a 1tade of the reslden~al for commercial You · •e "s two
parking stalls per unrt, that 1s 100 vehicles, or at 4 stalls per 1000, lhal is 94 vehocles. So, that 11 ,1 projected
lramc demand and Is basically an even lrade, And most Importantl y, we have retained the build ""-quality and
a1chItec!ure As I menboned, the build ings lhat we have in design and through permilbng a1e la,oely ready to
go We need the abit,ty to modify some roadways and react to lhe market to allow us to get sta1 , on the
buildings ~s currently designed The bulk planes that I'm referencing, JUSI a quick comparison tc; .o1; existing
bulk planes you see •. taking the exisbng plan and acluany blacklin1ng lhese, these are either currenUy footprints
of the building You can see exactly how rest~ctive those are 20 feel from the property line, another 50 feet of
building, and another 60 feel of right-of-way 10 a building footprint This is down to the Inch The only bulk plane
In the ong1nal PUO was this envelope here, but 11 was st,11 sel up to follow exactly a building footprint tha t was
derived from our current plans ove r here, so that we had some ability lo switch the orientation, bul not really to
shde the buildings anywhere within that footpML The proposed bulk planes that you see here tn blackllne, the
envelopes are actually In heavy blackhne, and then whal you see In dashed tines, yo u may have picked up from
your review. are the actual step-backs or the building height changes, as they step away from the property l,ne
There Is a praclleahty to how lhe buildings fit Into these envelopes When we design a building and you see
those envelopes, and you see in the PUO, these envelopes are up lo 200 feet In depth The practical nature of
designing a bu1ld1ng does not allow you to des,gn a residenbal lower lo 200 foot depths. There are !"<? pract,cat
design constra1nls where typical residential build ing depths vary between 90 to 100 fee l in overall deplh Thal Is
made up p11marlty of smart design p11nclples, sai ,u ;•our unit depth should not be any more than 40 feel plus
or milus 40 feet with a comdor and another unit on the other side The 40 feet really comes from lhose
design principles of daylighting, room dimensions, 1,avI ng bed rooms and living spaces arou nd the
perimeter and, obviously, bathrooms and auxiliary spaces on the inside Those constra,nts lead lo a typical 40
to 45 foot d,mensll'ln on the inside, so there are certainly practical design constraints with designing a reside ntial
tower This Is our residential tower, currently designed But to go ev~n further, In response lo some comments
that have come oul in both the Plannmg and Zoning Comm1ss1011 hea,mgs and during Council's f1rsl reading of
the ordinance, we would like to In1roduce a new cond ition as pa rt of that. We weren't able to get tha t to lhe
apphcatlon, but what we would like to propose basocally, what follows are basic design pnnc1ples I will read 11
out loud Within any designated bu11d1ng envelope permI111ng residential towers, the total floor plate of lhe
towers built w,11 not exceed 50% ol the envelope ar~a And that is further del,ned as the total tower floorplate,
w11I be calculated by sunvnlng the area of the typocal tower lloor f.:>r each of the towers constructed wrth1n the
envelope l know that ,s a 101 of words and Tncla may have more to further define what a typical n,,or ts, but
essentia ll y that Is saying a cross -section al the mid-point of these towers will not exceed 50% of thJ area of that
envelope We beheve that thal ,s a requirement that fits welt with the goats of the overall s,te, b": also looking
back at lhe evotut,on 1f you look at Amendment 1, In the north tower. the allowable a rea was 48,6 50 square
feet and there weren't any restrlct1011s on f~hng that aiea Whero we get back to that, in thal U shaped area, we
could have had a U-shoped lower and we did our shadowing ba:ed on that What th'S conJ,hon puls on ,1 1n
lhat same north area the tower allowable area now becomes JUSl over 33,000 square 11:~, So we believe that
should g<Vo Council some .;ssurance 1n planntng , as they are revoewing site plan documents that those
envelopes are not being fill ed Addressing some of th e omer commonts lhnl have co me up and 01s0 been
Englewood City Council May 19, 20 08 Page 12 discussed In ~rev101.1s p,esentaloOns, were lhe bulk planes and how lhe bulk planes have evolved 01 row they compare from the 0<1g1nal to lhe first amendmenl to lhe proposed amendment These are, of course, the ongonal footprints of the buildings Exact footprrnls, as desc11bed bef0<e. overlaid now ,n blue IVllh the Amendmenl 1, where you see lhe lownhomes bas ically alognong on lhe same foolpnnt lhat was or191nally designed Reial! alig ned very much In step with the oroglnal The towers sl,ghtly moving to lhe east. bul not much And again, a reduction from these two towers down to lownhomes This Is the U-shaped envelope with the lower he1ghl that was preV10usly descnbed and lhe blue down below was the garage area to a 20 foot heoght
that extended Just past that to the north Now ovenayIrog whal we are p,oposorog as bufk plane and the three
envelopes, you can see lhal we have really followed the parameler exaclly where we believe the buolclong
setbacks were eslabhshed, especially al the lower heights Lines lhat step back. as you wiU see In 3
dimens10ns from the west, In two different zones there You can see here, our lower envelope heigh! In l hls
third envelope here. which you IVlll see In three dimensions .. Is exactly aligned with where the tower U-shape
was previously aligned. I know there was so me question espi,clally looking across the se boards ... exacl ly
where those lines were denved So. let's look at those In three dimensions, quickly, so you have clear
understanding of how those relate to a building These are your envelopes here, you can see they are
shaded the lhree dimension envelopes One envelope beoog the enbre lenglh of lhe west side , another ,rs
actually lhe enhre envelope on the lnteroor block IVlth really three different heights One In this L-shaped
penme ler and then two inlenor. which are consistent wolh the existing zoning This larger envelope, lhat was
(he U-shaped envelope lhal was further to the west, has now been realigned IVllh lhe road, as 11 moves further
to the east Again, the l•shape and you can see how that ms ... really, 11 was derived dlrectty from the existing
retail Along lhe western edge, as It steps back, along the building face or the bu lk plane or those units . and,
again, we had s0<ne dormer clar,focallon that has been resolved all along that side The Interior block has been
designed to alow for a tower In th,s configuralJOn .. our other previously designed tower in the higher
envelope or you can see down here how the relaj would sot underneath the tower Looking at the thlrd
envelope what we are sho1V1ng Is a single tower on !here And, agaon, this creates lhe llex,b1f~y lo then move
1V1thln that envelope, as sole plann,ng further evolves along that side . Another concep• that we have been
presenting In each one of the se amendmenls and demons1ra110ns, Is sh~dow1ng and how shadowing affects lhe
neighborhoods lo the west. lo the north and to the east One thing that has been consistent, especia lly as we
went to an envelope .. is we had been showing the entire envelope as a shadow zone. Whal I wanted to show
quickly. was the ddference between a building shadow and an envelope shadow zone .. because the shadow
zones can be deceoving. Whal the shadow zones are intended lo do IS show outside limits of any bulidlng
placed 1V11hon that envelope that that deptCIS the outside hmols ol lhal buold1ng shadow So. 1f you lake ou,
current pl~• and this IS the summer solstice at noon and you compare this building with ,ts shadow to the
envelo~ ,th the shadow the depth Is basically the same, but you see what this shadow Is showing Is any
building within this enve lope, that Is the worst case .. or lh e outside llm11s of the shadowing. Now if we lake that
same concept at the equinox, which happens twice a year . you can see where a shadow from thal bullding
might extend compared lo what an envelope In those outside hm1ls would suggest !Clerk's note There was a
quesbon from the audience lhal Mr Foltz responded lo ) Mr Foltz said what we have also done, Is we have
taken each one of these and compared ~ to as to what the original PUO, the building footpr,nts, was showing
Wllh shadOW1ng, what Amendment 1, IVllh a U-shaped envelope was showl!lg as a shadow zone and now what
lhese envelopes, these three dofferonl envelopes that we have created how those acluaDy depict lhe shadow
zones So I will just quickly go through each one of these The summer solstice 01 noon. you can sco tho
compari son and lhe su mmer solstice at 3.00 At lhe equinox al 9.00 a.m, lhe equinox al noon, and the equinox
al 3:00 pm Essentially, what th is demonst rates, Is by shlfllng lh1s envelope lone and those en velopes to the
easl we arc not gelUng any further shadowing lo the nollh The extent or the shadowing lo the west and to the
easl Is a funcuon of hme In the winter. as the shadows gel longer and as lhc sun moves from the easl to the
west, the shadowlng Is very neg'goble as far as ds rength over on the eastern side or on the weslem Side. based
on Its localoon wIthIn lhe srte I'll leave lhos up here as I conclude my p,esentahon and answer any questoons
Mayor Woodward asked If Council had any questions
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Council Member Moore said can you clarify in Envelore 1, did you say that you have reduced rrcm lwo towe rs •
10 one or 1s lhal Just what Is 1lluslrated? Mr Foltz said that ts what 1s 1lluslrated In our current plan This Is one
or the reasons Why f0< markel reasons or not mov,ng fO<Ward on the 1 I 1 unols somelhoog that Is less market
sens11Ive al 50 units We have. for purposes of planning nghl now we ha~e elomonated that lower Wo ~l•U have
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Englewood City Council May 19, 2008 Page 13 lett thal on the PUD as an o•,erall unn count and as an overall envelope for poten tial devPlopmenl wdh1n lhal tower envelope Our current plan does not have a second lower Counc,I Member Moore said is 11 Envelope 1 87 I'm 111sI trying to make sure I uaderstand this Envelope 1 8 could have IWO towers put in ti cooect? Mr Foltz said ••es Under the current envelopes there could, potentially, be two towers In there Mr. Moore said then with the two different height restrlcllons on halves of the envelope Mr Foltz said correct The new cond11ion proposed, applies to both envelopes 1n a square footage
reslricllon
Mayor Wocdward said in the Council Communication 11 mentions hotels shall be located within Envelope 1 only
Mr Foltz said yes. Mayor Woodward said that Is actually 1 B only, isn 't It? Mr. Foltz said it currently proposed
to be allowed anywhere within !hat envelope With the same restrictions ... that ,t can't be a stand alone hotel ... It
leads you to believe Iha~ yes, 1t has to be ,n Envelope 1 B, because to meet.all the other con~ruons, rt ~as to be
mixed in with tower units, which can only happen at Iha height The goal was to keep ti out of Envelope 2 or 3
Mayor Woodward said okay. I guess I just wanted to be clear on Is th at It Is out of the penmeter there. next to
Kent VIiiage, on 1 A, where the small residences were. Mr, Foltz said I think It actually stops righl about here
Mnor Woodward said yes and on the west side it stops a~ I guess, lhe street Mr. Foltz said you are righl It
de . It stops right at the entrance off of Hampden . So it is 1 B would be hotel.
Mayor Woodward said Kevin, I unders tand these are envelopes, but how many units per floor ... Is II two units
per • ,N? Mr Foltz said our current tower design ... lhat Is really all I can really speak to definit,vely this current
design has seven units per floor Essentially, the floorp!ate has four units along the eastern side, and three units
along the western side Again, that is pan ol the challenge in projecting a lower that hasn't yet been designed
or hasn't yet gone through a sales program ... we will learn a lot. In the sales and marketing of these towers , that
we will Incorporate into the sales and develo.pment of this tower So, 1f we have less one bedroom , more end
units , western facing units, more penthouses as the btrildtng may step back at the top. II is very dnficuH to
predlci that definltively, lo lock into exact dimensions of the bu1lo1ngs
Counc il Member Wilson said I have a question On the north slde ... on the Information we have for Envelope 2
The current setback Is 33 feel 2 Inches and the proposed Is 25 feet 10 inches Is that correct? Mr Foltz said I
believe so Ms Wlfson said rt is on page 6. Mt Foltz said I am going back lo the overlay so you can see
exactly how that shows. The proposed setback line i s actuany consistent with the ong lnal PUD. As we were In
design of these townhome units, In Amendment 1 we did actually Increase that setback , so now ii Is setback to
the origina l PUD. Does lhal make sense? Ms WIison said I just have a lot of questions, I'm kind of going
through There is also talk about !he bulk plane and how !hat Is goir.g to afft<CI for the townhomes and for the
towers and ,n Envelope 3 You said you are not changing the setback, but you are going to change !he bulk
planes? Mr Foltz said we have sh!Red the bulk plane. The bulk plane, the actual tower height bulk pla ne that
you see here, has actually been shifted from what you see In blue. It used to be over here In blue end actually
on the plan as well, has na,i shifted to lhe east and encompasses that a: 3
Council Member WiI60t1 said who witt appr011e the minor mod1f,cations? Mr. Foltz sal<.I minor modifications lo
the PUD? Ms Wilson said yes . Mr Foltz said we don't antlelpal e minor mod 1flca llons lo the PUD There are
some allowable minor modifications lo the PUD, on the cover sheet of the PUD, but these bulk planes allow for
rev,ew and design with the design rev,ew team the planning Ms Wilson said okay and you can't chang~ the
bulk planes? Mr Foltz said we can't change the bulk planes . no Ms Wilson said okay .
Council Member Wilson said have you used envelopes bt!fore In your building, on other pro1ects? Mr Foltz said
we haven't had the need to We haven't had exact building footprint~ (Clerk's note There was an exchange of
,nformaltoo with someone in the audience J Mr Foltz said at Belmar we have Ms W1!son said okay
Council Member Wilson said will this have any rentals in 117 Mr Foltz said no. the towers are designed for sale.
lhe same as originally proposed
Council M~mber Wil60t1 said there Is something ,n here 3bout the hotel 1: says we have also added a sman
ho'.el as an add1t1onal land use 00 I10n. IIIs nol likely that we would suhshtute a hotel for a portion of lhe housing,
Englewood City Council May 19, 2008 Page 14 otherwise approved So. the hotel part can't gel any btgger? Mr. Foltz said the hotel Is being limited to 150 units w1lh1n Envelope 1. Ms Wilson said okay Mayor Woodward said 1f the hotel was ever changed back to residential un,ts ... lel's say the market w~s such that the hotel wasn't supported and 11 made sense to make that change ... where would you pick up the additional parking to provide for that different ratio? Mr Foltz said I'm not predicting thal those would be changed In the future And without developing the site plan wIlh parking structures .. you know we are planning for the uses
lhat are currently designed and are part of that development plan. Hotel uses generatIy are going lo have one
bedroom , so at a rat,o of point five to o oe, wo are going tot 1ve some off-set In, baslcaUy over designing the
parking for the resklenhal But ,r lhat happens ten years fron , now, when the HOA boards and the h.>tet
ownersh,p owns those condominiums, that Is something they are gou,g to have to come and present at the time
of .. you know 11 there was any condlozation of that space, at that time Mayor Woodward said on that at that
bme If you did the hotel? Mr Foltz sate! yes
Council Member Penn sakl are there plans for only one un,t in Envelope 37 Mr Foltz said one tower? Mr Penn
said one tower Mr. Foltz sakl our current plan ,s what we are showing on this plan This Is what we are
rroceedlng with tf the market changes and there needs to be a smaller tower to help drive more amenity on lhe
project, lhat Is a possibility In that envelope, W& feel lhat lhat envelop is large enough to take two small towers.
Much like we had originally deslgnP:i ,n this enve lope .. ,where we had a larger footprint and then we had a
narrow tower that had fou r units. Al this time in the market, that narrow towPr, wasn't a viable tower for us. In
the future, it potentially cou ld be and It could work Into the site planning . But again, we are comfortable
restrlding tha t area to only half or 50% of the overall envelope area lo give assurance that that entire area .. as
Impractical as that Is ... but that Is just assurance to everybody that tha! ~,,,;;e ~,ea w!I r.ot be bu ilt up.
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Councol Member Penn said t know you have lhat envelope for a mason, but how likely are yoo to move to the •
north part of that where ,tis covering the red up there? Mr Foltz sakl again, that ls why we stepped back lhis
bulk plane tine So, we can't movo It Into the red area that was shown. 'Mlere the townhomes originally were
This ls 1n keeping with what ,s currently approved tn Amendment 1, as the northern most line for the towers
Council Member Penn said the number of townhomes or condomimums that you are building now, compared to
Plan A what Is the difference? Mr Foltz said this plan shows approximately 175 units ... within the towers Md
with in what we are calling our villas, over on the other side.
CounrJt Member Penn said what Is up In the northeast corner, In Envelope 37 Mr. Foltz said this right n~w. as
conceptually designed, that 1s a park . And on tho other side would be our outdoor amenities. So, we certai nly
have the open space requirements that are In the existing PUD that carry forward Into the modIfication, that
have to be adhered lo. So, we know we have open space requirements defined on the site .
Council Member Penn said do you have a tlmehne somewhat established, to start building Envelope 3 up? Mr
FoltZ said we do not That would be market-driven stnctly dependent upon the development bmehne of
finishing out the first phase
Ma}'()( Woodward said t thmk I heard, when you 1nit,ally asked the question on uruts I think I heard 175 umts?
Mr FOitz said again, 1n our current C'IOCeptual plan lhat ,s what these two lowers and residential umts require
Mayor Woodward said 'lkay Mr Foltz said we need to have the ab1hty, as the m~'kcls change ti that narrow
tower neod"'1 to be built t:iack r,ere. within that envelope, we do need that fleX<b1hty tr t:e able to Incorporate that
Into lhe des,gn
Mayor Woodward said 1f that were to ho ppen, then lhe building as it's shown there, would probably scoot over
tho east? Or, Mr Foltz said, ,t would reonent by north-south, rather than east-west. We cenalnly would respect
any drive lanes, turns and engineering that has been previously &pproved . But the site plan would potential ly •
change , within this area, by shifting that tower slightly, ever so slightly, if possible. to the west or cast.
Council Member Penn sa,d do you have any plans for Envelope 3, pr,or lo building? Are you going to put a
gross area ,n there or are there any plan3 for what you are going lo put ,n there? Mr Foltz said we have not
determined what our development t,mehne and temporary use of that area ,s
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Englewood Clly Council May 19, 2008 Pago 15 Council Memh.!r Moo,e said what percentage or the envelOpe is lhat conceptual budding? Mr Foltz said are you talking about thcs bu11d1ng? Mr Moo,e said yes Mr Foltz said th1s ,s about 20,000 square reel ol a 66,000 square foot envelope, so 11 Is approximately a th1r~ Council Member MOO<e said even with your proposed amendmenl proposed restnction, It ,s concewable the worst case scenano would then be that you develop to 50% and you do it all on the northern !roe You put 10 a
second building and concentrate It all on the nor1hern line, wh ich would In effect, give us the wors! case
shadowing scenario. Is thal a correct observation? Mr. Foltz said it Is. There Is a practical nature or designing
that bu11d111g and views and what the massing or thal building would be al the price points that we are targeting
BUl the proposed language does nol reslrict rt, as rar as where Iha! happens within that envelope,
Council Member Wilson said It says here Is there a threshold ror pre-sales needed to stan the retail
construcbon ? And you said no, multJple lhrngs determine 11merrames WeU, Mr. Foltz said, pre-sales being one
or them . In residential sales, pre-sales is always a threshold Matl<et condrtions, absorptic~, credtt
capacity ... really !here Is an endless hst or market drivers, that drive large scale, reslde nlial development
Council Member Wilson saJd what Is tho pre-sales amount? Mr Foltz said right now, typ,cally, around 50% or
higher. So, lhat Is why, obVJOusly, less in a first phase is more advantageous . Ms. Wilson said thanK you.
Mayor Woodward asked Ir there were an y other questions There were none. Mr. Foltz said thank you .
Mayor Woodward said thank you
Melanie Brooks-Nelson, an EnglewOOd resident, said l am here about the shadow issues with lhe towers l
want to reiterate lhe lhings I have said before I have spoken here twice I've also addressed lhe PlaMing
Commission You are aware of my anguish about lhls. And It has only been i ncreased. So !he only thing lert,
seems 10 be to address you, the Council members, persona lly, There Is a reason you campaigned under no
polltlcal banner when you ran for olflce Pohtlcal philosophical labels are not realty salient to local politics What
Is salient to locat pohtlcs Is lhe commitment you pledged to your neighbors and your community. When you
asked ror our votes and took on the mantel or leadership, you accepted a sacred trust. I have to say, from all
appea rances, you seem to be betraying that trust. It al leasl appears, that you have shown ca llous disregard for
a matter or very grave consequence to many or us on Floyd Place and Floyd Avenue. It appears that you have
cymcaUy detached yourselves from Iha concerns ~four nelghbolhood It appears that you have set yourselves
a course of approval of all lhe developer wants and •.II nol deviate from that course . Even on such a critically
disturbing issue as lhls Even though you must know that this proper1y will not suddenly lose its value, nor will
the poteni.al for ,ts profitab"ity drop tr you just simply Insist on a proviso for shorter towers on the nor1h end or
the property I cannot understand what Is going on wdh 1h15 We are not asking you to allow the property lo
revert to lhe wild , we are not opposing a multi-use development. We are, in fact, accepting all the
conveniences Imagine what you have already asked of us and whal we are doing by having this multl-use
development on lhe border of our neighborhOOd We are accepting !hat 111COnven,ence .. short and long term,
what lh,s development wil mean for us We understand the fiscal p•essures you are unde<, f:>< the g,e:i:er
EnglewOOd community VVe are just asking ror an amelioration of the height ol these towe•; on lhe north end of
Iha Kent Place property. Your actions, or rather your lack of actions, aboul these north to,,ers Is all the more
frustrating and puzzling , sIn<:e I ~ 1CN1 you must know that lhls propeny wil remain valuable and profitable I
don't want to believe in these negabve appearances. I choose not lo believe 11 I believe you w,11 sMI come
lhrough for us In the mailer of casting our neighborhood in gloom . The gloom In our beluved homes and
neighborhOOds That as you consider giving !his nexib1lity to the developer, that you w,11 just add this one
proviso lhat the height or the norlh towers be lowered It does not seem l,ke mueh to ask. It really doesnl
when you think or aR that we are glVing t just fell like a stone had settled on me. I undersland the concept of
lhe difference between lhe envelope and the actual towers . The floor plate, the reduced noor plate I
understand that It still looked prelty awful It does not seem like too much of a proviso to ask you to Just have
these northern towers be lowered II heighl so~ does not lmpaci our neighbomood so ex~emely I believe and
I cannot think, that you will, 10 the end, abandon us on this issue I h<>pe I am nght
Mayor WOOdward sa id thank you
Englcwo >d City Council May 19 , 2008 Page 16 Charles Haskell, an Englewood res ident, said I live just north or the project. I apprec iale the opportun ity lo speak before lhe Mayor and lhe Counc tl H's a beautiful project Kent Village , which Is many years old , has been very successful . And in the difficult market conditio n we find ourselves in, rea l est ale wise, I question whether th is project will ever be successfu l as a high-rise type project. Wh ich Is a major change , obviously , from whal the developers Intended . Many similar projects . olde r In nature ... lh e Cherry Hills 3, etc ., have been quite successful. And lhe model lhey had, the planning of lhe project, I th ink is very , very good . Bui whether
that particular parcel wlll support high-nse development. .. there is only one bu ild ing , as C::.,mr.,i Is aware , lo the
west of lhat that is a high-rise ... lhe Waterford , Onginally , I th ink there was going to be three to four bu ildings
Th ev only bu ill one in lhe early B0 's. They had a difficult time 1n selling it. It is an !Con property. Bui whether a
hig ~-~se project with possibly a hote l... wh ich is interesting ... 1s a workable, viable project... I question . That Is
bas ically what I wanted lo lell Council . Thank you
Mayor Woodward said thank you.
Kally Staller, an unin corpora ted Arapahoe County resident, said I will be very brief. The sign-up sheet wasn 't
there , even though I walked in a long time ago . There are a couple of lh ings . I often start at these hearings
complimenting . There are many things thal are very well thought out, and , I think done, with great re spect for
what Is going on .. and good Improvements . I think a couple of things are still of concern to me and probably lhe
surrounding neighborhoods , nol just my neighborhood t.o the east. One is the consideration of the
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flexibil ity ... which is important to the developer ... ! understand . And Important actually, to you, as a community of
Englewood . But I think the flexibility comes with a risk of limiting your fores ight. If things can be moved too
much , are there things that could be hurt in the end? Specifically, I am ta lking about the enveloµe in the
northeast comer. If that moved lo the furthest boundary edges .. .l think If you moved straight to the northern
edge, along here this is well done in response lo many of these concerns , so that it is set back , limited or •
stepped back , jus• as it was done here in the west side . I th ink on the east most side , that step Lack is not being
recognized as mt.sh. The original , original PUD had only townhomes along th is side ... sim ilar he ights really , to
this whole edge along Univers ity . So you didn 't gel that sense of a ta ll wall on the driving corridor there, without
much landscape between you and the build ing . But, in this newest modification , this building cou ld ::once ivab ly,
not as drawn In this phase, b~t could conceivably move very close lo University and that is where I was
speaking about foresight. This is an image In Englewood . Ate you creating th is wall on Un ivers ity and tak ing
away the outside , kind of landscape appearance of the perimeter? Which I th :; :; makes a big difference if he ight
comes lo the edge . On tha t note , I'm done .
Mayor Woodward sa id thank you .
Mayor Woodward asked if there was anyone else who wanted to speak dur ing the Public Hearing . There was
no one .
Mayor Woodward said I just want to verify The shadowing , on that north side ... in a worst case scenario, Is ii no
worse ri ght now, as I understand it , th an the PUD 17 Mr. Foltz said let's go lo lhal slide, where we are actua lly
compa ri ng side by side . In a wors t case scenario , on the north side du ri ng a winter solst1ce ... aga in, this is 9
projection ... because of the length ol the building , the shadow line does reach , however so sligh tly, into about
the middle of the street, rather than on the curb line of that street And then al noon ... representat ive of this
house , right he re ... I can 't tell exaclly where ii is . but it does not move out ou ts,d~ of that yard , as it does in thb
condition And al 3:00 p.m. it is within the same yard of where ii was shown befo, e. And again , this Is based on
the model ing , as it is done on this exact site , versus the outs ide limits of shad owing of that zone . Does that
answer your quesllon?
Counci l Member Moore said do you mind review ing the difference betwe• .t\mendmenl 2 ... the worst
case .. ve rsus your sample concept , in te rm s of the shadowing . Mr . Foltz s 1d you mean the building •
shadowl ,,g ... so the building shadow ... I think , if you recall, the worst case Ir .J m Amendment 2 was somewh ere m
the middle of this yard . And now, because this bc,,ld1ng Is obv iously not go 19 up to the fu ll extent of the
envelope , tha t would then be shifted to the south by th a'I same amou~I. So , obviously, as thi s bu ilding move;
with in the enve lope , that shadow can move anyw here within 15 feet to the north and all the way to the wes t We
don't have a side by side Image or th is compared to the pr .v,ous ... bul let's fl ip back .. relative to th is street and
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Englewood City Council May 19, 2008 Page 17 to this house and forward to noon Council Member Moore said, actually, :f you would go bac k to the slide Just before this Tha t Is the ful l envelope, correct? Mr Foltz said that Is the full zone, correct, deplchng the outside hm1ts of any building, w,thm lhat envelope Mr Moote said . dearly, the notable advantage 1s the reducbOn 1n shadow from east to wesi, al any given point Mr. Foltz said correct. Again in winter, as the sun IS sweeping around the southern horizon .. and we did It at three points in the day . you cou ld do it, certainly, at ten points in the day, to see how quickly It movei; through Its rotaboll
Council Member Penn said Kevin, what height of building are you taking this shadow off of? Mr Foltz said this
Is the enhre 179 foot envelope Mr Penn said the height? Mr Foltz said lhe he1ghL yes The maximum height
at every different comer
Council Member Moore said what was the height of the conceptual? Mr Foltz said 179 feel as wel Mr Moore
said so It is the same height? Mr Fol12 said yes.
Mayor Woodward said I would like lo see lhe winter at 3:00 So, Mr Foltz said, the comparison, again, Is about
mid-street up here, and Just to the nnrth edge of that street over here .
Council Me..,,;,,;, Pen., said for each noor how much would you reduce the height? Mr. FOitz said each floo! IS
approxunat-!ly 11 feel
Mayor Woodward asked If there were any more ques11o.,s or discussion There were none
Mayor Woodward said thank you Kevin .
COU NCIL MEMBER MOORE MOVED, AND COU NCt. MEMBER WILSON SECONDED, TO CLOSE THE
PUBLIC HEARING TO GATHER PUBLIC TESTIMONY ON COUNCIL BII.L NO. 23, AUTHORIZING THE
DENVER SEMINARY PLANNED UNIT DEVELOPMENT AMENDMENT NO. 2.
Ayes: Counc,t Members Penn, McCaslin, Moore. Woodward, Jefferson.
Wilson. Oakley
Nays: None
Motion :arned and the public he8'1ng closed
11. Ordinances, Resolution and Motions
(a) Approval of Ordinances on First Reading
There were no items submitted for approval on rwst read111g
(b) Approval of Ordinances on Second Reading
Thefe were no rtems submitted for approval on second reading
(c) Resolutions and Mobons
(i) A recomm endation from the Ulthlies Department to adopt a resolution approving the
City of Englewood's participation in the South Platte Waler Related AcLv11les Program
Mayor Woodward advised that Agenda ltom 11 (cl (I) has boon pulled by staff.
(11) Otrectv, Fonda, Presld'!ll of the Englewood Mclellan Reservoir Foundalton, presented
a recommendat1on trom the Englewood Mclellan Rese rvoir Foundalton to approve a resolution In support of the
lease of 13 6 acres to CarMax Auto Super Stores It has taken qu~e awhile to bring this together The
provisions are such that we would rece,ve an Initial depos<t of S150,000 00, although, $100,000 00 of that IS the
true deposit, $50,000.00 would be applied lo a future rent payment The rent paymen ts wou ld commence 1n two
phases, the first would be construct,o~ re ntal and that would occur around September 30~ or when they afe
f,n1shed w,lh their permitting and lhe pe,mllhng could extent beyond that The amount of $220,849 00 per year
Engl ewood City Cou ncll May 19, 2008 Pago 18 would be paid in month ly payments The first months' payments would go to paying for one-hall of the broker commissions that were negohated So, ,t would take abO\Jt !WO months before we would see net cash coming In Thal would then allow for construcbon and, I behr.ve, !he km,ts on the cons1ruct10n , before we went Into actual base renL would be e,ther when the property Is open to the pubbc for business or 270 days past when we c:ornrnence the construction lease There would bd a 10% mc,ease every 5 years, in the amount of the base rent The 1nll1al ten'I of the lease Is fOr 20 years and they can extend rt for another 20 years In 5 year Increments. Beyond ~~at, It Is a net tease and the tenant pays aH of the costs, taxes and so forth, that go along
with owning the property.
COUNCIL MEMBER OAKLEY MOVED, ANO COUNCIL MEMBER PENN SECONDED, TO APPROVE
AGENDA ITEM 11 (c) (II)· RESOLUTION NO. 38 , SERIES OF 2008.
RESOLUTION NO 38, SERIES OF 2008
A RESOLUTION SUPPORTING AN AGREEMENT BY THE ENGLEWOOD MCLELLAN RESERVOIR
FOUNDATION (EMRF) FOR THE LEASE OF A PORTION Of THE MCLELLAN PROPERTY TO CARMAX,
INC
Mayor Woodward asked If there were any questions or discussion. There were none.
Voto results:
Moboncarried
Ayes
Nays:
Council Members Penn, MeCaslln, Moore, Woodward , JefferSon,
Wilson. Oakley
None
Director Fonda said thank you
• 2. General Discussion
(a) Mayor's Chalce
(i) ~•ayor Woodward said I would like to request authorization to ubhze personal money
and ubf,ze some of my discretionary account funds lo attend the Colorado Municipal league Annual Conference
In Steamboat Spnngs and the Nabonat League of Cities Conference in Rapid C,ty. South Dakota, dunng the
month of June Our budget for traming arid travel, obv,ously, was spent dunng our Washington lnp/NLC lnp, so
again my dIscrebonary funds and my personal money.
(11) Mayor Woodward said I would hke to thank Bryce for his presentation, although he left
hours ago. Having the kids at this conference Is really a benefit to them and a real benefit to us Council
members. Someti mes, kids, especially teenagers, co me forward with some things that some of us older folks
don't see Certain ly Bryce, and Shannon Eldridge who was also attending , were really qua lity students and 11
was a real benefit for us
(m) Mayor Woodward said Id hke to mention on Thursday ewning, I did attend the open
l!Ouse of our ACT~ the Arapahoe/Douglas County Career Technical School House, that was Just completed I
met the students that b(nlt that That tS a program that the Crty of Englewood proVides the site and !he students
from Arapahoe County and Douglas County High School and Commun,ty College do the architectural and the
budding and we've done 1t every year for a number of yea1s This oortJGular house, although ii was just
completed ... I think lasl week the paIntmg was finally done and opened up; It Is under contrac t for sale for a very
strong market price I want to say co ngratula tion~ lo them and say again I rea ll y support that program .
(1v ) Mayor Woodward said I'd hke to thank the people who testified tonight at the pubhc
hearing II s good to have that public input
(b) Councll Members Choice
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Englewood City Council May 19, 2008 Page 19 (I) Council Member Penn 1, He said I'd hke to thank lhe sludents from OU for coming in. It's really neat to have our students from college and high school and middle school come In and see what our government ••orks hke and give us some good Ideas, Hopefully, they will continue coming to KEB
2. He said Bryce Penn did a good job I must say good things about him fortunately He learned so much
and II was probably one or the best trips that he has ever taken, and we take a lot or trips, so I think he learned a
lot and hopefully he will continue He has presented at the Student Govemmen~ and will present at the U S
History class and then he has a couple more places that he wia presen~ along with Shannon. I don't know
where Shannon Is. They're probably all gett,ng ready for finals. That's probably where ShaMon IS. So
hopefully that's Where she is and hopefully we can get her on again.
3. He said to Kent Place, thankS for a great presentation. I do urge you to look at that Envelope B map.
I'm stin concerned with the shadowing, possibly looking at shortening the heights, two smaller buildings. I'm not
an arcmtect, but maybe get back wilh people on Floyd and see what they're concerns are I know that
shadowing is probably the biggest concern that th,y have so hopefully Kevin and you guys will get back and see
them.
4. He said to our youngstars from Destination lmag lna tlon ... l know that they came in with th is Isle, but I'd
like to propose that we use 5200.00 of our City Council funds lo he lp support their trip to Knoxville They are a
special group I've seen their presentation twice and they do a great job or presenting this thing . They have
gone out for the last three weeks scavenging every penny they can and they are sbll abollt S500 00 short of the
S6500 00, but I told them that we've already spent a little bft of our money, but I would propose that we give
them S200.00 for their trip,
Couool Member Moore said for discuss1011, what IS our budget? Council Member Penn said I think we've
already spent $300.00 or: ,at Councd Member Moore said $300.00 of the $1 000 00?
Mayor WoodWard clarified saying $300 00 of our $1000.00 We had S1000 00, I'm trying lo think, we spent. .for
lhe softball tournament
Council Member Moore said it sounds hke we did this effort last year?
Councll Member Penn said yes, we have They've already gone to the Englewood School Board and got
money r.-om them also.
Council Member Moore sa,d do you remember what we did last year? Council Member Penn said I do not, no
Council Member Mooce said I don't suppose anyone else remembers City Manager Sears said I don't
remember Mike?
Counc~ ti.ember 11.•.0<e asked do we an!Jctplte the firefighters challenge this year Im trying lo think of things
we commonly suppl)rt. whether we run the risk of bumpong up the budget more qUICkly than antic,pated
City Manager Sears sSJd the only th:ng I know ,s that we'\16 h;! several inJured firefighte rs, so we dldn1 take the
challenge last year Whethei or not they're healed and read) to go for that later this year, I don't know I guess
the polenlial Is that they won't be going this year. I have~·t heard lhal they are.
Mayor Woodward said I think th at's going on to the fina ls too, Isn't It? City Manager Sears replied I think you
have to go to the local, and then regional. and then on lo the finals
Council Member Wrlson asked are we able to use any or our discretionary funds that we haven't used We
haven't used any since I've txen on Council
Englewood City Council May 19, 2008 Page 20 Council Member Moore said with approval from the rest of the Counci l Actually, where do we stand on revlS1t1ng that policy? Is that still on our agenda? So, it's possible since it's outside of the specified scope of those discretionary funds that Council could agree that Counc,t Member Penn said I have not spent any of my d,saet,ona,y 'unds, If thal's U,e way Council wouto like to go
Council Member Moore said actually what I'll do Is lo go ohead and second Randy's ln,Ual motion and generally
I'd !Ike to know where we otand and what we did last year. The $200.00, If we still have enough room that. .. l'h
second the motion In support and then we know we s1111 have these other options to consider if we run Into future
needs later in the year.
COUNCIL MEMBER PENN MOVED, ANO COUNCIL MEMBER MOORE SECONDED, TO AUTHORIZE
$200.00 FOR DESTINATION IMAGI NATION FROM COUNCIL'S BUDGET.
Council Member McCasfin said Is there was any way we could get an update on what have spent out of our
budget? City Manager Sears said sure, we just didn't know that lhis was going to happen We can get lhal to
you. You know that we don't have a meebng next week so we couldn't lake formal action unlll June 2"'. but we
could easily get to you In the next day, especially by a Council packet. Is that right Frank?
Olrec lor Gryg lewlcz said If Council would direct Clly Manager Se,,rs, you cou ld expend down the contingency
money that we do appropriate just for these types of uses.
Council Member Moore said so we have a motion that has been seconded.
Mayor Woodward said so the motion was for S200.00
Councd Member Moore said for 5200,00 out of Council's budget.
Mayor Woodward asked If there was any further discussion on Ihat. There was none.
Vote results:
Moboncamed
Ayes Council Members Penn, McCasl,n, Moore, Woodward, Jefferson,
Wilson, Oakley
Nays None
(II) Council Member McCaslin said I would just hke lo encourage our participation with Ihe
P10neer Leadership Program throughout the year These lhree young people did a great job, I wenl lo the
ceremony, I lhlnk It was last Tuesday night, al OU fo r two hours They were very ar1Iculale. The future of these
kids It Is really encourag ing I leach emotionally disturbed kids and I was really Impressed. Hopefully, we'll
conllnue this program because they've done a gr&al Job for us I'd hke to thank Linda Olson for bringing them
and encourage them to continue
(1•) Council Member Moore
1 He said rt Is always dlsappoontW19 to have veiy upset cI11Zens and constituents, but it's an unavoodable
th,ng when there are !WO sides lo the issues. First I would Just hke to note about Ms Bartnick that she clearly
expressed her d1ssahslacllon with the vast majority of Council, our City management, our City staff, and for lhat
matter, most or her neighbors , Whal I just wanted to say to each or the Council members who were directly
Insulted tonight, I know that each or you act ethically and with the best In terest of Englewood in mind
2 He said moving on lo the Kent Place Development obviously one of the neighbors affected by !he
development was vfs1biy emotional and upset about the height ol lhe towers Personally, I too would love~ ,f
the developer did not feel the need to take the towers so high on the north side However, Iust making sure
h1Story is clear, I beheve the issues she's concerned abou~ and understandably upset abou~ go back to the
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Englewood City Council May 19, 2008 Page 21 ong1nal PUD and 10 fully understand lhal decision, you have lo look al what was presented al that time, the rights that already went with that land the heights of the bulld,ng or buildings lhat were already permrtled by nghl on that development The original PUD reflected a tremendous effort between the developer and the neighborhoods and lhe City and Council applauded that effort at the Ume, recognizing again what lhe developer's nghts were already and what lhe alternatives would have been had we not approved the ong1nal PUD So while I live 1n that neighborhood as well .. I wish lhal north lower wasn't going lo be there. but I think lhat to really apprec,aled why ~ has to be that way, you have to go further back onto Iha process For me. the
key 1n looking at the current amendments ,s ... are we mak1nR things worse? We need to honor that original
commitment We need to make sure lhal the ffex1blllly being asked for by the developer is not making lhe
sttuallon worse In terms of why it needs to be or that height to begin with, you really have to understand .. you
have lo appreciate the earlie r parts of the PUD I just share thal I guess most ol lhe time lhat I have been on
Council we have been wresUing wilh this and lhe cllizens most affected are my constnuents and I also live 1n
that neighborhood I appreciate the difficulty of this .. I just wanted to share those thoughts.
(IV) Council Member Oakley said, due lo the lateness or the hour, I was going to pass, but
since John made a few comments about lhe project, I would like to add my thoughts to that. It appears that.
yes, lhe shadowing effect on Amendment 2 is about the same, or certain!;. not much worse than on the first
two, All or them are going to cast a shadow and I don't think the developer could drop those buildings down to a
height lhat wouldn't cast shadows out onto Floyd Place. As we sit here now. there are two developments going
on 1n town that are 90,ng lo cast shadows on people, The building on 285 and Swedish Hospital. Those people
up there are going to be affected, so we have to look at lhis in lhe bruader picture .
M Counr.1I Member Wi lson :
1, She said I wanted to say how much I enjoyed Bryce In Washington D.C It was really good to see a
student JUSI absorb all that knowledge and history And plus, he was a lot of fun
2 She said I know that P & Z and the whole City has really worked on Kent Place I'm really torn, because
I feel bad for the woman. H 1t was my house, I would be upset So, I am Just really tom . I know a lot or work
has gone Into this and I have been to meeUngs, even though I wasn't on Council I heard a lot about It. I think it
Is going to be a great avenue for Englewood, economically and rt WIii ptovlde divers~. So, I applaud that But.
If there 1s something they could do on the north side, that would be great
3 She said the lh1ng with the DU students, I thought that was wonderful and I am glad they participated in
our government and City
(vi) Counci l Member Jefferson:
1. He said I Just wanted to thank Bryce for coming down and g1v1ng that presentation. It was great I was
happy to get my ribbons There was laughter
2 He ~Aid lo Laura who was obviously upset tonight. I Just wanted lo let her know I understand ::he is
upset I can't~= .,...~.,1 condone lhe way sha voteed some ollhose concerns. I Wllt generally say .. ,! didn't
apologize to tt• '•,I meeting, bi;cause of her case being dismissed I did apologize to those folks
because our; , Idled That was lhe reason for my apology and I wanted lo clanfy that for Laura
3. He said lhf' lnle1ds111.~ student program was great and hopefully lhey will have a great trip Hopefully
the $200 00 wili he:;> their program An ,nteresting program
4 He said Dr Olson bringing t+ie talented youth from OU to help us with our environmental concerns
certainly 1s apprt.:laled
5 He said I wanted to thank all the folks who came out to speak at the Public Heanng, To Melanie, I
believe ti was. who was upset about lhe northern shadowing affects I would generally say that developments
do have affects on lhe ne,ghbolhoods and I would th;nk that our goal would be to hmrt some of those negative
affects and perhaps the developer will lake thol into cons1derat1on But I think mmlmlzlng them altogether Is
Englewood City Council May 19, 2008 Page 22 d1fficult when we are loolung to move forward and develop our commundies. He sa,d to Charles and Kally, who brought up interes6ng issues, that hopefuny the developers paid attention to. I think both of those are probably ,n their best Interest of economic viability and a es the bes COUNCIL MEMBER OAKLEY MOVED, AND COUNCIL MEMBER WILSON SECONDED, TO AUTHORIZE
TRAVEL EXPENSES FOR MAYOR WOODWARD TO ATTEND THE NATIONAL LEAGUE OF CITIES
CONFERENCE IN RAPID CITY, SOUTH DAKOTA AND THE COLORADO MUNICIPAL LEAGUE
CONFERENCE IN STEAMBOAT SPRINGS.
Ayes· Council Members Penn, Mccaslin, Moore, Woodward, Jefferson ,
Wilson, Oakley
Nays: Nune
Motion carried
13. City Manager's Report
(a) City Manager Sears said we are hosting the Trt-City meeung Ju'lt 6., here ... and if anybody has
a topic tha t you would like us to put on the agenda, just let us know, We will b~ sea;· ,~ It out to Sheridan and
Littleton over the next couple of days, Just send me an e-mail, with any loplcs "·• r • •~ .. y have. We will keep
you Informed about that We ~ave held It at the Golf Cou rse l11 ,, • psl
14. City Attomey'• Report
City Attorney Brotzman did not have any matters to bnng before Council.
15,
The meeting adjourned at 10:08 p m
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.'.OUNC'l COMMUNI CATION Dale: June 2, 2008 I Age nda Item : 9 a I I S.ubject: To 1>rov 1de for the legal Publication Process · In itiated By: I Departmem of Finance and Adminis trative Services I City Clerk's Office
Staff Source:
COUNCIL GOAL AND PREVIOU S CO UNCIL ACTION
Frank Gryglew.~z, Director
Loucrishia Ellis, City Clerk
On January 5, 1998 City Council designated the Englewood Herald as the legal newspaper for the
City of Englewood until n,odlfled by the City.
At the February 4, 2008 Study Session, Council discussed th e Issue of allowing publication of legal
notices by publishing on the City's offldal website and/o r publishing in the newspaper designated
by City Council as the City's officia l newspaper.
RECOMMENDED ACTION
Staff recommends Council ,1,iprove a Bill for an Ordinance amending the legal publication process
to allow the publication of legal notices by either publishing on th e City of Englewood 's official
website or publishing in die newspaper designated by City Council as the City's official newspaper
At this point in time it would be the Englewood Herald.
BACKGROUND, ANALYSIS, AND ALTERNATIViES IDENTIFIED
Th e Englewood Herald has c hanged th eir publication process for legal notices. We are working
with tighter timeframes and an)' errors on publication c uld cause such problemf as a delay in final
com · -ier~tlon or ordinances or rescheduling public hearings,
As jome Rule Municipality, Englewood may define alternative me thods of publication for Its legal
nc ... es.
The City of Englewood Charter and Code does not define what is meant by the term s "publish",
"publicauon ·• or "published" While such an announce,, ,en t may be acco mplished by publishing In
a newspaper, which is offered /or sale and generally circulated wilhln the City of Englewood, there
os no hmi tat,on 1n our Charier that prohibits using some o ther me thod. For example, some c111es
and towns publish by posling in publ ic places.
The Englewood Municipal Code (EMC) 2000, Title 16 amendments were reviewed by the Planning
an d Zoning Commission, on March 18, 2008, as required by EMC § 16-2-6. The Planning and
Zoning Commission re commends Council approve th e amenJments to Title 16 of the Unified
Development Code relaung to public notice. See the attached March 18, 2008 Planning .,mt Zoning Commission minutes and the Findings of Fact and Condusio;,. The attached Orrlinance proposes to amend the Caty Code by c:arifyong the words "pubis ;,1 .~:. "publish" and "published" to mean publishing on the Oty's offidal website or pubhshiu,~ ;; '•,E newspaper designated by City Council as the City's official newspaper. FINANOAL IMPACT
None
UST OF ATTACHMENTS
March 18, 2008 Planning and Zoning Commission Minutes
March 1 8, 2008 Planning and Zoning Commission Findings of Fact and Conc!usion
Bill for an Ordlnan,e
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CITY OF E GLEWOOD PLAN , I GA D ZONI 'G COMM I 10 MJrch 18, 2008 I. C<\ll TO O RDE R Tt,e regular meeung o( Ihe Cily Planning and Zoning Comm,ssron \,as called to order JI -,os p.m. in the City Council Chambers of Ihe F.nglev.ood Civic Center, Vice Chair Knoth
presiding
Present :
~bsent:
s,aff:
Brick, Kr1e~er , Knoth, Roth, Calonder, King , Fish
Bleile (Excuse d), Welker (Excused), Mye rs, Aherna te (Excused)
Alan Wh ite, Direc tor, Co mmun ity De velo pment
Tricia La ngon Sen ior Plan ner
Nanc y Reid, Assis lant City At torney
II . APPR OVA L OF MI NI TES
March 4, 2008
Mr. Fish moved:
Mr. Calender seconded· TO APPROVE THE MARCH 4, 2008 MINUTES
Vice Chair Kno1~ asked if there were any modificauon s or corrections.
Mr. Fish moved :
Mr Calonder seco,,ded : TO AME D THE MARCH 4, 2008 Ml UTES AS FOLLOWS:
I. On page 2 the last sentence of paragr .ph 2 should read
En elope 3, rot Envelope 2.
AYES
AYS
ABSTAI
ABSENT
Brick . Kno th, RoIh , Krieger, Fish , Calo11der Kirig
on
one
Bleile, Welker
Motion carried.
Ill. PUB LI C HEA RI NG
Con tinu atio n of Case #ZON2008·0 1
Denver Seni in ary Planned Un11 Devel pmen t Ame ndmen t 2
V,c e Chair Kno th state d the issue befnre the Commission is the co11 t111uat Ion o Case
#:0 2008-01 , Denver Seminary Planned Unit Development Anendmen• 2.
r,.•r F,~h nn,ed: rv , BrlL~ seconded: TO RECALL CASE •Z0\/2008-01, DEi\\ ER SEMi'-\R, PLAr-.. '-ED U1'1T DE\U0PME1'T AME~DM['IT 2 -\\'ES 1'.o\'\'S ASSTAIN: Brick. l.noth, Roth, "ing, Krieger, Fish Calonder ~one /'sone ABSEr-.:T. Bleile , \\ elker
M.>uoncamed .
Mr foh moved:
Ms. Krieger seconded CASE #ZON2008-01, DENVER SEMINARY PLANNED UNIT
DEVELOPMEN T AMEN DMENT 2 AS PROPOSED, BE
RECOMMENDED FOR APPROVAL TO CITY COUNCIL WITH
A FAVORABLE RECOMMENDATION FOR ADOPTION,
SUBJECT TO CONDIT IONS THAT MIGHT BE IMPOSED
BY THE COMMISSION DURING THIS HEARING.
Mr. F,sh said he wanted 10 separate oul the four condit ions Staff suggested in the Staff
Report. He sta ted he die not have any problems wi th the first condition. He felt it was a
valid cond ition.
Mr. Fish moved:
Ms Krieger seconded: THE FIRST CONDITION BE ACCEPTED AS WRITTEN.
A\'~S
NAYS:
Knoth, Roth, King, Krieger, Calender, Brick, Fish
None
ABSTAIN : None
ABSENT: Bleile, Welker
Motion earned.
Mr. Fish staled Cond,lion 2, as put forth by Staff, acknowledged the need for Oexible
development options by establishing three development enveloµes and technical s1le plan
revie" of development w11h,n said envelopes shall be by the Development Review Team
for compliance with PUD and C11)• development standards. He asked the Commission ,f
they f Ph that was acceptable His posttion is that that takes any further development and
plans out of the public domain and out of any 1cv1ew process except the decision process
wtth City Council. He is uncomfortable with that.
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Mr Bric~ concurred. He stated what he heard from the public wa, that they wanted
Planning and Zoning lo con,lnue lo be included in the process. He said he fell ii is in the
general welfare of the public 10 be able 10 have input as changes occur. He said he would
like lo see the five mont h turn around time reduced. He asked the Chai r 10 possib ly •
consider the Commission a time l o look al 1hat response time and see if ,t can be
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shortento He sa•d as a ,nernb~•r of the Comm,1 ,,, n and the commumt\ ~e .,ant, to be 1ure 2s 1he pro1ect 1s de, e.oped a,,d ti changes ar~ made 1he Conm1,ssion ha~ input 'vi, Calonder as~ed ,i imposing that twe 01 restriction on de, elopment Jt<lpardizes their :mancial Jhtllly to main1ai11 and sustai n that type of del,l} Ms. Krieger said yes. Mr. foh agreed and provided additional "Ording for Cond1t1on 2: In add ,11 on, Community Developmenl will provide monthly updates to 1he Planning and Zoning Commission on significant decisions (I.e. proposed bu11ding footprints
and size, proposed Jses, etc.), The Planning and Zoning Commission may requi:e a
public hearing process for public input, Planning and Zoning Commissi on
recommendations, and approval by City Council of a PUD -.mendment ii so
desired.
Thal allows the developer to go through the development process, move fol\'lard and
change things appropria1ely, but keeps the Planning and Zoning Commission in the loop.
Mr. Knoth stated the Commission has imposed fairly tight restrictions on the development
and does not feel giving 1hem a liule leeway In where they can build and where the
footprint is, is out ol the question.
Ms. Krieger agreed wi1 h Mr. Knoth. In general, in a PUD you hav e a bui ldi ng enve lope and
you can build only in a certain area and have guidelines you must follow.
Mr. Fish said we have an area 1ha1 we essentially have tht0w11 away all the zon ing
requiremen1s lor. Ms. Krieger disagreed. She said the Commission has created ne\, zoning
requirements for 1he PUD. Mr. Fish said he is not proposing the developer come to public
hearing all the time, the additional wording gives the Commission a chance to rev iew the
progress and if the Commission sees a problem to do something about it Ms. Krieger sa,d
the developer 1s not going 10 have any progress unt il they come before the building
department wi1h finished plans and that is the wrong time 10 be tell ing somebody that
they've go t to go back and spend tens ol thousands of dollars redesigning a bu,lding
because we don't like tt . Mr. Fish said everyone that comes 10 1he Co mmu nity
Deve lopment Departmenl to build something must submit a plan. Ms. Krieger said they
submit a plan tha1 fits within the requirements. We already have the requ1remen1s for 1h1s
projecl and they should have the sa me righ ls as everyo11e else. Once we have given th e
developer the basic requirements lor their zone they should have the right to come forward
with something that fits wtthin those requirem en 1s that were given to 1hem and have a
1 easonable assurance thal it is go ing 10 be approved Mr. Fish agre ed, but all PU D's have to
go through a public process, don·1 they? Ms Krieger said this is the public process. Mr. Fish
said aren't we abdicating tha1 right? Ms. Krieger said no, we are sa1•1ng as long as the
deve loper meets 1he requi1eme ,11s already approved 1hat is fine. Mr. Fish said he feels the
requirements are too broad and there's too much potential for something lo go wrong. The
original stte plan has been completely changed .
Mr. King said right no" the developer has an approved PUD and they could build to 1 79
feet. He said he is guessing 1he developer is commg 10 1he Comm1ss1on 10 ask 101 help dul'
10 markl'I cha11ge1 ac,d 11 1he1 proc1:c-ded '"'h the e\lsting plan, l>.!cause 1hat 11 the only choice the\' had, and II foiled "e "Quid be sitting with a project th;,1 is hah built and • bankrupt. It seems 1ha1 1he d ,elopl', 1s asking ior a !,tile help to make ,t successful He doesn I' see that what the\ are a1king 1s that much duferent in height and bulk plane than ,-hat was pre\lously apprO\ ed. Mr. Fish sa id tha t is not the issue The issue 1s removing public process, Commission rev,ew and Council ap proval. That's wha t Condit ion 2 does. Mr. Kin g asked ii there were definite plans previously. M r. F,sh said there were µrecise plans that showed where the bu il dings
were go ing to be. Ms. Krieger sa id 111 Amendment I we voted to give the developer an
envelope lor the tallest building Mr Fish said it wasn't an envelope, but a lootpr111t. He said
the envelope concept is new 10 Amendment 2. Ms. Krieger noted at the heanng for
Amendment 1 the developer stated they had no idea what that building would look like;
they just had an area they could build 111.
Mr. Knoth asked if any of the other Commissioners had a motion they would like to make
to Condition 2. There were none.
Mr. Fish said he believes the PUD process within itself, is a process designed to basically
loosen up and in some cases com1)le tely eliminate zoning rest ri cti ons. Beca use of 1ha1, the
res trictions placed on the deve loper, if the Commission gives them leeway, which we have,
will then require a rigorous process.
Mr. Fish moved:
Mr. Brick seconded:
Brick, Fish
THE SECOND CONDITION BE ACCEPTED WITH THE
FOLLOWING CONDITION ADDED TO WHAT STAFF
RECOMMENDS;
1. In addi tion, Commun ity Developme~t will provide
mon th ly updates to the Planning and Zoning
Commissio n on significant decis ions (i.e. proposed
building footprints and size, proposed uses, etc.). The
Planning and Zoning Commi ssio n may require a public
heari ng process for public input, Planning and Zoning
Commission recommendat ,ons, and approval by City
Council.
AYES
NAYS:
ABSTAIN
ABSENT
Knoth, Roth, K,ng, Krieger, CalondE:r
None
Bleile, Welker
Motion failed.
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.\: Knegt>1 mmf!d, \ • Calond~r se, ,nded: TO APPROVE COI\DITIO'-2 ESTA.BUSHED BY THE COMMU:-..ITY D(VELOPMENT DEPARTME~.T AS WRITTEN, -\HS '-.AYS : Knnlh. Roth, King. Krieger Calonder Bnc~. Fish ABSTAl'-AA~ENT: None Bleile, Wel~er
Motion camed.
Mr Fish read Cond1hon 3 recommended by Staff. It slates: Tha l Envelope 2 shall be limited
10 uses permuted in the "Household Living" category of the PUD's Table of Allowed Uses.
He suggested adding 1he wordmg .... with the excep1,on that Visitor Accommodations, Bed
and Breakfast be removed as an allowed use, He sta ted in Amendment 1 there were two
additional commercial uses permined ... hotel use and bed and breakfast use. He said neither
the Kent Village representat ive nor I want 10 see a bed and breakfast in Envel npe 2.
Ms. Reid s1a1ed, from her recollection, that "Household Living• does not include bed and
breakfast. It is already excluded. She informed 1he Commission that even though the
hearing is closed, they could ask Staff for darificarion, Mr. Calender asked Staff 10 provide
clarification,
Ms. Langon approached the podrum, She slated 011 the first page of the PUD under the
Table of Allowed Uses there are various categones. Under "Residen11al Uses• the second
category 1s "Household Living", nere are seven uses listed and four of those uses are
permi1ted. About two-thirds of the way down 1he second column under "Commerci al Uses•
is 1he "Visitor Accommodations• category. Visitor Accommodations includes bed and
breakfast and hotel. As wrillen, the uses in Envelope 2 sha ll be limited 10 1><es permi1ted in
1he "Household Living· category of the Table of Allowed Uses. Bed and breakfast and hotel
is not listed under •·Household Livhg", As written there wo~ld be no commercia l use within
Envelope 2.
Mr. Calonder movt:d :
Ms Krieger seconded: TO AFPROVE CONDITION 3 AS WRITTEN,
AYES
NAYS:
Knoth. Roth, King, Krieger, Calonder, 811ck, fish
None
ABSTAIN
ABSENT.
None
Bleile, Welker
Mouon earned.
Mr Fish read Staff's 1ecommendat1on for Cond111on 4. He suggested accepting the
condition as written with the exception of removing hotel use from Envelope 3
Mr F1~h m,,, eel r,1r Brid, ~econd,•d TO '\PPRO\ E CO'\D!TIO'\ -1 \\ 1TH THE FOLLO\\l';L, co--:Dmo, I. Remo, e ho1el use irom Em elope 3. Mr foh said to the .-orth side of the dt.'selopment is a res,denual zone and he would hke 10 see. at a m1n1mum m.illl•Unil housing there and not commeraal use. '\!so, one of the ba~1s for 1he parking requireme11s was 1ha1 there was to be shared parking" 11h the ho1el and the
retail spdc~. He said he doesn't see where there is retail space in Envelope 3 to be sha1ed
and feels commercial use 1s simply no1 appropriate there because 11 1s dose to the R• l •A
1es1den1ial zone. It potentially crea1es parking issues with 1he curren1 PUD s1a1emen1 th,11
they are required to have onl1 .5 park in g spaces per hotel room.
~ • King said it is in the best Interest of the developer 10 study the parking very carefully
since there is no outside parking. If they don'I have enough parking ii will be a deal killer
for a lot of things.
Mr. Roth said whe11 the Commissio n originally approved the development the building
heights and positions VI ere set, now they are not. One of the possibi lities he heard
mentioned was that we could end up with the tower in Envelope 3 and not in Envelope 1,
which would be the worst case scenario for the res id ents. He would like to see a stipulation
•
on height in Envelope 3. He suggested adding hotel use back into Envelope 3. He •
suggested the building in Envelope 3 be no higher than 29 fee t above the elevation of the
highest structure In Envelope I B. Mr. Fish agreed, but felt that issue should be a separate
condition.
Mr. Fish repeated his mo1,on for the Commission.
Mr. Knoth called for a vote.
AYES:
NAYS.
ABSTAIN
ABSENT·
Roth, King, Krieger, Calonder, Brick, Fish
Knoth
None
Bleile, Well..er
Motion carried
Mr. Fish mo,·ed:
Mr. Kmg seconded: THAT THE ENVELOPE 3 BULK PLANE BE MODlrtED 10 A
MAXIMUM HEIGHT OF 150 FEET AND TO 21 FE[l ABOVl
GRADE TO 60 FEET IN FROM THE NORTH ENVELOPE EDGE
AND 25 FEET FROM THE EAST EDGE.
M1 Fish said II you lool.. at the bulk plane on page 4 of the PUD, basically on the northern •
edge 111 3 7 feet f1 orn the ,etback you can construc1 a build,ng up 10 21 feet. You can 1he11
go 111 another 50 feet and up 10 I 79 feet. On the eas1 edge th e current plan shows the
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mback from 1~ and 21 1ee1 and then 1·ou ca., go up ~1 fee: back ~5 feet a:1d up to 1-9 iPet. He feels the Comnm,ion 1s allo,,,ng a 1.emenclo~s inc rease 1n dens11y a11d conimcrc1 aliza 11on in th is area and we need to 1·~1pect thi s neighborhood as mu ch di possible He sa,d he does not ., ant 10 stop development and believes this project 1s a great asset to Englewood. but feels the Cuy needs to be sensui\ e to the no, them neighborhood that ha s been impacted at a h,gh le, el Mr. Brick sug~ested adding a cond11,on that states any buildings over 15 0 feet must be loca ted in th southern one-third oi the proper!\
Mr. Fish said you cou ld then raise the height in Envelope 1, but that would be a separate
condition. He would like to see high buildings not be allo.-ed next to the northe1n
property. Mr King said 1f the developer put all the residential space allowed m Envelope 3,
m that 66,000 square foot envelope, space limi1a11ons would limit the building to 10 stories
tall. Mr. Fish said in addition 10 the bu lk plane the developer can extend balcon ies out
another eight feel lo the north beyond the bulk plane. Mr Ki ng asked Mr, Fish if he was
trying 10 elimina te the shadowing from the balconies. He stated he was. Ms. Krieger said
those balconies would 1101 extend the shadow. Mr. Fish disagreed
Mr. Fish again read his mo tion.
AYES: Fish
NAYS:
ABSTAI N:
Knoth, Roth, King. Krieger, Calonder
Brick
ABSENT: Bleile, Welker
Motion failed .
Mr. Brick moved:
THAT ALL BUILDINGS ABOVE 150 FEET BE IN THE
SOUTHERN ONE-THIRD OF THE PROPERTY
Ms. Krieger sta ted the Commission cannot do that. The height restrictions are already in
place and the only place you can ha,e a building higher than 1 SO feet ,s 111 Envelope 3
where the height restriction 1s 1 79 feet
Motion died for lack of second.
Mr. Fish moved:
THE DORMER SPECIFICATION IS NEGOTIATED IN GOOD
FAITH WITH KENT VILLAGE HOMEOWNERS ASSOCIATION
Ms . Reid stated that the City cannot enforce private negouations. She suggested the
Commission requi re th e developer and Kent Village Homeowners Association 10 have
good faith 11ego1iations and nothing more.
Mt Fis~ withdrew his mutI n11 He J;ked that 11 I,<: noted in the r1tcvrd th.it the Comm,s;t<m would likt> th~ part ies 1,1 neiic,• JI, n go ,d 'Jltf ru ll'y 10 ,e,olvc the dom1er spec1i,caI,on; • Mr foh mo. ed i\\r S: ,ck ~t!conded TH-\T FOR HOTEL PARl,.l:'>:G Tli[Rl B[ AT LEAST THI,;[£ (31 f'ARl<.l'JG SPACES PER Fl\'E (5) ROOMS RATHER THAN THE 5 PER ROOM CURRENTLY REQUE STED Ms Krieger sa,d she beht', es the current parking Is sufficient as is. Mr. t.;ing agam noted that
he feels 11 is a deal killer ror the proiecl 10 not be sure there Is sufi1cient park111g on sue
since there is no other place to park h is in 1he best interest o f the developer to pro, Ide
aml)le park111g regardless of what the City code may be. Ms. Krieger said she feels ,t the
de, elope,. needs 10 adjust the parking as the pl'oject proceeds, th ey will do so .
AYES:
NAYS:
ABSTAIN·
ABSENT:
Motion failed.
Fish
Knoth, Roth . King, Krieger, Calonder, Brick
None
Bleile, Welker
Mr. Knoth asked 1f anyone else had a comment
Mr. King said he is a little concerned "1th the dormers on the v. est properly line. Mr Fish •
stated there are specifica tions regarding the dormers. Mr. King sa id h~ would like to l,mit
the dormers to a cer tain sqlIare footage.
Ms. Krieger saio for the record ,he would like to set' City Council look at the dormer issue
and se•· wliot km,:l of progress has been made and take that into account when they are
hold,. 1g their hear,ng. Hopefully, by that ume Kent Village and the developer will have
come to an agreement.
Mr. Roth moved:
Mr. Fish seconded: THE BUILDING HEIGHT IN ENVELOPE 3 SHALL BE NO
MORE THAN 29 FF.ET ABOVE THE TALLEST BUILDING IN
ENVELOPE I B.
Mr. Roth said the c.uIrcI\t maximum heights for each envelope wou ld rema111 . Mr. Fish
stated ,f (nvelope 3 ,s built fil\t th at then ,equires the developer to build a hish~r huild111g
In Envelope 1 B. Mr. Roth StJtcd that ,s correct. Mr Roth sa,d the developer wou ld be
required to build in Envelope I B first. Mr. Fish said that 1s not pdrt of the condition. Ms
Kneger stated 11 Is by de(auh. Ms. Krieger said wh,1I Mr. Roth proposes is II you didn't ha1 e
a bwlding m 1 B you could not tell how high you could build in Envelope 3. Mr. foh said 11
may create conflic ting issues with othe1 items on the PUD such as maximum size and
numbe1 or units. Ms. Krieger sa ,d she agreed and ii could make th in gs ex tremely dit 11cu l1. •
M r "-"oth asl.ed Mr. Roth 1., ulease restate h,s motion. He d,d so.
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....... • Mr Ro1h said hP "an11-d 10 make sure 1he Comn11Ss1on does 1101111dud., a·11ilcial IO\\ers ,n l B in order 10 build a higher srruc1ure m Envelope 3 Ms Reid asked M, Langon 11 !here is a da11fica1ion or deiini11on ior useful Slr1Jc1ure \f:rsus decora11\.e. Ms Langor s1ared lhere are definitions wrrhin lhe PUO irself for rhe height 01 1he building and whar can go abo\ e. She said she believes 11 1s writ1en in rhe PUO 1ha1 everything has ro
be vllhin rhe set he1gh1 of the envelope. Ms. Roth said he unders1ands thar, but wanis 10
prevent the developer from cor.structing a three story structure with an 80 foot 1ower so
1hey can build a 14 s1ory building in Envelope 3. In order to do that Ms. Langon said you
would need to define tower and e eryth,ng else wi1hin lhe PIJO .
Ms . Reid asked the Commission if they would like to take a break in order to look al 1he
Ordinance. Before doing that Mr. Fish asked if 1here was a consensus on 1he Commission
10 approve. Mr. Knoth called for a vote and said if approved the Commission will lake a
break lo allow Staff 10 have lime 10 look al the wording.
AYES: Brick, Ro1h
NAYS:
ABSTAIN : • ABSENT:
Kno 1h, King, Krieger, Calonder, Fish
None
Bleile, Welker
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Motion failed.
Mr. Roth asked the Commission if anyone had an ahernative solu1ion or is the Commission going lo lei it go as 1s.
Mr Brick said what he heard is 1ha1 1he Commission would like 10 see rhe developmen1 go
•·• that direction, but does no1 want to legislate it that way. For the record he would ask that City Council look ar this issue.
Mr Knoth asked ,f rhe Commission had anything further.
Ms . Krieger wanted to comment on how much she appreriated Mr . Fish's though1fulness and discussion during lonights hearing
Mr. Fish moved
M~. Krieger seconded·
CASE #ZON2008-0 l , DENVER SEMINARY PLA NED UNIT
DEVELOPMENT AMENDMENT 2 AS PROPOSED, BE
RECOMMENOW FOR APPROVAL TO CITY COUNCIL WITH
A FAVORABLE RECOMMENDATION FOR ADOPTION,
SUBJECT TO THE FOLLOW IN G AP?ROV[ J
CONDITIONS :
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All approved conditions and requ,remer ts estJbh;h~d under the Dr:mer Seminary PUD a"d De,wer Semrna,, PUD · • Amendm~nt I shall apr u'lless amended by A.mendm,,,,I 2
AYES:
NAYS:
ABSTAIN·
ABSENT.
~-Amendment 2 acknowledges the need ror f.cxrhle development opt,or.s by establishing three (3) de, elopmt'llt e'lvelopes. Technic.iI site olan re,iew of development w,Ih1n sa,d envelopes shall be by the Development Revrt!w Team review for compliance wnh PUD and City development
standards.
3. Envelope 2 shall be limited to uses permitted In the
"household living" category of the PUD's Table of Allowed
Uses.
4. Hotel Use shall be limited as follows:
a. Hotel use shall be located within Envelopt: 1
b.
C.
d.
only.
Hotel use shall not be a separate, stand-alone
use.
The maximum number of hotel rooms shall be
150.
If hotel use is approved, the following guest
accommodation allowance approved in the
original PUD shall be amended to:
"3. The number of residential units does
not indude proposed guest
accommodation for guests of residents of
the project. Such spaces shall not exceed
900 S.F. and no more than two such
spaces per residential condominium
~ buildiAg (12 I01all shall be
provided."
Knoth, Roth, King. Krieger, Calonder
Brick. F:sh
None
Bleile, Wrlker
Motion carr ied.
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Mr. Brick voted no because he does not like seL,,,g the project go in g out of the process of
Planning and Zoning reviewing cha nges. He is in favor of the project and believes it is •
going to be excellent fo r Englewood, but feels all thanges ~.PPd to be brought before the
Commission. He !eels the f,ve 111 011 th review time is excessive and needs 10 be looked at.
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He belie,e s it Is no t 111 th e g~n eral "elfare or the commun ,,, 10 not have Plann,ng and Zoning included in the re, e" ;,,oc,.ss Mr. Roth stated Ame11dme11t 2 is ,n conformance with the District Plan requirements and does not aher the Com,:,•ehensl\e Plan for Housing. Cultural Arts and Business and Employment ,denufied in the orog,nal PUD. All the appropriate documents co, ,cerning Amendmen t 2 to 1h;s poin t 'lave been received. As the project proceeds all future documents and drawings will be reviewed for the Citv's development standards by the Development Re"ew Team. Amendment 2 District Plan remains consistent with the
accepted development standards established by the City of Eng lewood. Amendment 2
conforms to all other Ordinances and laws and requirements of the City.
IV. PUBLIC HEARING
Case #2008-02
Public Notice Amendments to Title 16
Vice Chair Knoth stated the issue before the Commission is Case #2008-02, Public Notice
Amendments 10 Title 16.
Mr. Fish moved:
Ms. Krieger seconded: THE PUBLIC HEARING ON CASE #ZONiOOB-02 GE OPEl'.:D.
AYES:
NAYS:
ABSTAIN :
ABSEl':T:
Brick, Kno th , Roth, King. Krieger, Fish, CalondE'r
None
None
Bleile, Welker
Motion carried.
Ms. Tricia Langon, Senior Planner was sworn In. She stated for your consideration is CASE
#2008-02. Amendments to the Unified Development Code of the Englewood Mur11cipal
Code allowing the publication of public notices on the City of Englew?od website in
addition to publication in the newspape, designated as the official newspaper of the City.
Already submiued for the record is proof of publication that the notice of the hearing was
published in the Englewood Herald on February 29, 2008 and also the Staff Report,
Community Development requests the Commission r.?view, take public testimony and
forward 10 City Council a recommendatio,1 fo r app roval or the proposed ame nd ments to
Title 16,
The purpose of a Public Notice is to disseminate information of public concern to the
greatest 11umber of citizens possib le. City Counci l discussed this issue at a Study Session in
early February at the request of the Citv Clerk. The City Clerk asked Council to consider
publication of legal notices by either posting on the Crty's website or by publicauon in the
offi cial 11 ewspaper. Al this time 1he official newspaper of the City as designated by Council
is 1he Enslewood Herald. The reason for the request is that otizens are requesting and
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recei11ng iniormalion 1rom Ihe CH\' 1hr11ugh Ihe World Wide Web. Al Ihi~ poI•11 Ihe1e aie 0•1ly dpprox1ma1el, 550 paid submih1c 10 the fng/ell'ood Herald m the Cir, uf Engle.-o<Jd • Ms Langon subm111ed copies 01 an example as 10 \,h1 the Ctry Clerk is interested In placing Ihe Pubhc "-otices on Ihe \'\'eb in add111on 10 publicauon in the newspaper. She releren~ed a COP\ of a recenI pubhcauon tha t was sent to the newspaper ol record and what was senr back to the Communiry Development Department lor proofing. You will notice a major error in the proof copy which would have caused a monIh's delay in the Public Hearing had II not bl'en corrected hy Staff The Recording Secretary handed the ex ~ibits 10 1he
Commissioners for review.
Ms. Langon stated legal notices are required for any public hearings before the City Council
or any City Board or Commission. The request to allow notices on the web affects Titles 1,
4, 5, 7, 8, 11 12 and 15 as well as Title 16: Unified Development Code. The Commission's
role in this process tonight is consideration ol amendments to Title 16 on ly. In Title 16 all
development review procedures requiring a public hearing are listed in Tab!'! 16-2-2.1
Summary of Development Review and Decision-Making Procedures. She noted • copy of
Table 16·2·2.1 was Included with the Staff Repo rt in the meeting packet.
Accordi ng 10 16·2•6: Amendments to the Text of ntle 16 ol the Unified Development Code
any amendment to Title 1 & must first be considered at a pub lic hearing before the Pla 1,ning
and Zoning Commission before going to City Council. Therefore, when the City Clerk takes
amendments to the various Titles that contain information relative to public hedrlngs, •
including Title 16, you must first act on Title 16 so that the Ci ty Clerk can take those
amendments along with the others.
The proposed amendments are as follows:
16·2-3: Developmenl Application P,ocedures
G. Nouce Requiremenu
Published Notice: Notice shall be by one publication Q.llJb.e
coy pf Englewood website or in the official newspaper of the
City al !east ten ( 1 O) days before any hearing before the
Council, the Commission, or the Board. The City shall be
responsible lor all required published noti-.es, and for providing
P'J1dence ol timely published notice at the time or the hearing
or consideration.
16· 11-2: Definition ol Words, Terms, and Phrases
Pubhc Norice The advertisement ol a public hearing in a paper of
general circulatio In Ihe are~. or lhe City oLfllslewood wehillg.,,ar
rhe posting of the prope rty, or the mailing ol wrillen norice, indicating
Ihe time, place and nature of a publ ic hearing,
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• Ms. Lallgon sa,d usin~ tne v. b 11 nece,sar1 10 pro,·ide ,nformauon 01 publ ic interest has the potential :o reach far more c,uzens and the City has more control over publicauon oi notices. It does not eliminate the nouce~ placed ,n the paper, but ,s ,n add,uon to and the amendme• 1s ,n Title 16 a,e ge.1~1dled lo I ro,,de cons,stency "11h the other Titles. Ms Langon offered 10 addre,s any quesuon~ the Cummis5ion m1ghI have. Mr Knoth asked ,f the wording says it will be either on the website or in the paper. Ms Langon s1a1ed it v.-ould be ,n both at this time, but could be ei ther or. If there ,s an error in
either location the Cit\ ",II go wuh the one that ,s correct.
Ms . Kriege r asked for clarification regarding Table 16-2-2.1. Clanficat,on was provided by
Ms . Langon and Ms. Reid. Mr. King asked if the intention was 10 place the noti ces in both
media and if there was a discrepancy the City would go wi th the correct one. Ms. Langon
slated that was correct.
Mr. Fish asked if lht are any rules for how and where the notices will be placed on the
web or Is that a premature discussion. Ms. Langon slated that is prema ture al this poir,t. At
this time thP. only issue before the Commission is the changes for consistency purposes
within Title 16.
Ms. Krieger said she be lieves it i, a good idea and in the public's best in teres t to see it on
• the web. Mr . fish agreed.
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Mr. Knoth ask~d if th ere was any public comment. There was none.
Ms. Krieger moved:
Mr. Calonder seconded : THE PUBLIC HEARING ON CASE #ZON2008-02 BE CLOSED.
AYES:
NAYS:
Brick. Knoth, Roth, King. Krieger, Fish, Calonder
None
ABSTAIN: None
ABSENT: Bleile, Welker
Mouon carried.
Mr F,sh moved:
Ms. Krieger seconded: CASE #ZON2008-02 PUBLIC NOTICE ,._MENDMENT TO
TITLE 16 UNIFIED DEVELOPMEN; CODE BE
RECOMMENDED AS WRITTEN FOR APPROVAL TO CITY
COUNCIL WITH A FAVORAPLE RECOMMENDATION FOR
ADOPTION.
Ms. Krieger said she be lieves the amendment Is in the public's be , interest lo reach as
wide an audience as poss ible and In any way the City can. She sa id she feels as everyon~
gets mo, e a,,d more digitized it's very importan t to be on the web ~nd it is ,n the City's
Comprehensive Plan as well that we get as wide and as well educated a public as we can.
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Mr. Fish said he agreed with l\\s. k.rieger 100% a11d "ould encourage Stall 10 u~e wha1e,e1 • ve hic les we ha,e such as the City newsle tt er 10 pub lish notices, Mr 1-nolh called for a vote. AYES: NAYS: ABSTAl:S:
ABSEI\T:
Brick, Knoth, lfoth, King, Krieger, Fish, Ca lo1ider None None
Bleile, Welker
Motion carried.
V. PUBLI C HEARING
Case #2007-05
Ame ndments to Title 16: Unified Development Code, Min imum Lot Width
Vice Chair Knoth stated the ,ssue before the Commission is Case ,;2007-05, Amendments
to Title 16: Unified Development Code, Minimum Lot Width.
Ms. Krieger moved:
Mr. Calonder seconded, THE PUBLIC HEARING ON CASE #2007-05 BE OPENED.
AYES:
NAYS:
ABSTAIN ;
ABSENT:
Bri ck, Knoth, Roth, King, Kriege r, Fish, Calo nd er
None
None
Bleile, Welker
Motion carried.
Mr. King read a disclosure statement.
•1 am a />omebuilder in !he City of Englewood I made some statemenlS and offered my
op,mon regarding !he proposed UOC change to the frontage requirements for multi-unit
dwelltl'gs during the Planntng and Zomng Commission Study Session under the public forum
before becoming a member of the P/ann ing and Zoning Commission. I offered my opinion
from a builder's perspective with the intent of providing insight on what a builder would be
looking for should this change in the frontage requirement be passed and my opinion on
modifying the bulk plane wuh respect to mul1HJn11 dwellmgs. I do not own any property tn
the R-2 zone other than my personal residence, have no immediate plans to purchase
property for multi-unit development and at this time I am only building single-family
residences I believe I can be fully objective tn any demions that I make regarding this issue.•
Ms, 1-.rieger moved:
Mr. Calonde r seconded : THE PUBLIC HEARING ON CASE #2007-05 BE CO NT:NUED
AT THE '\PRIL 8, 2008 MEETIN G OF THE PLANNING AND
ZONING COMMISSION.
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• Mr Brock sa,d he app ,ma·ei 1ne puhlic 1ha1 came 1on,gh1 and hopes they sho" up on .,_p,il 5•. Mr Fish said he 1t:els 11-:._. marenal 10 be co\ered is fair!~ complex and perhaps needs more re, Ie" Mr Caiond<:r expressed concern 1he public \\Ill nol come back a second ume. Mr F,sh sugges1ed Sra11 p1oceed with their prestnldUOn and the public 1es1imony and then conrinue from that point on at 1he April 8" mee1mg. Mr Calonder agreed. Mr Roth said he believed the Commission does not have all of the facts Staff \\anted to present tonight. Ms. Krieger stated she personally \\Ould rather conduct the entire heaung on April s• and not par I of 11 1on1gh1 and part of II on April 5• for the sake of conimu,ty.
A\ES
NAYS:
ABSTAIN'.
ABSENT:
Brick, Knoth, Ro1h, Krieger
Fish, Calender, King
None
Ble ile, Welker
Motion carried.
VI. PUBLIC FORUM
Mr. Knoth asked if there was anyone who wished to address the Co mmission.
Mr, Mark Wood asked If al the April 8" mee ting CASE #2007-05 would be the firs l issue of
• 1he nigh1. The Commission $la led ii wou ld be.
VII. DIRECTOR'S CHOICE
Director White did not have anvthing 1n bring before the Comm ission
VIII. STAFF'S CHOICE
Ms. Langon read an email from Mr. Carl Welker staling he ., out of the hospital and hoped
to be well enough to auend the April 5• meeting. She asked the Cor,1missioners 10 please
sign a get well card for him.
Ms Langon stated the next meeting will be Ariil 8, 2008, which will be the con11nua11on of
the Public Hearing for CASE #2007-05, Amendments 10 Title H,· Unified Development
Code, MInImum Lot Width Requirements for Mulu-Unit Dwellings. She Jsked the
Commissioners 10 note on their calendars 1ha1 Is the second Tuesday of the month, 1101 the
first Tuesday
The April 22"' meeting will be a Stu dy Session on Ihe Small Area Pian.
In the fu ture there will be Stu dy Sessions 10 di scuss other UDC Amendments.
• She sta ted sh!! appreciates all the hard wo rk the Commissio n does, She thanked Vice Chair
Knoth for chairing tonight's meeting on short no tice.
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IX. ATTORNEY'S CHO ICE Ms Reid 1hanked 1he Comm1ss,on and said she "as real!, impressed m1h 1he job 1he1 did 1on1gh1. X. CO MMI SSIONER'S CHOICE Mr Fish said he apprec1a1ed everyone allowing him 10 pu1 for1h so man\ amendmen1s He
also thanked Staff for all the prepara1ion ma1erial lhey provided and for helping the
Commission through 1he hearing.
Ms. Krieger said she apprecia1ed what Mr. Fish did; all the issues needed 10 be broughl up
and discussed and he did ii in a very professional and very 1horoughly 1hought ou1 fashi on.
Mr. Brick said he felt mos1 or 1he public's concerns that were expressed al 1he last meeting
were disc ussed tonight and credi l ed Mr. Fish fo r doing so.
M r, Roth referenced a11 article in 1he Oc1ober 2007 issue of the Co lora do Municipa lities
magazine. It is an arlic le abo u1 how lh e Ci ty o f Brus h approached zon ing issues and
suggested the Commissioners take a momenl to read ii. He also congra1ula1ed Mr. Kno1h
on a job well done 1onigh1.
Mr. King 1hanked Mr. Fish for his a1ten11on to delail regarding lOnight's hearing.
The mee1ing adiourned at 9:00 p.m,
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cm OF ENG LEWOOD PLA 'I G A D zo I G COMMISSI ON I'-THE MATTER OF CASE noos-02. ) Fl DI 'GS OF FACT, CONCLUS IONS l AND RECO M MENDATI ONS RELATI NG ) TO PU BLIC NOTICE AM ENDME~,..-rs TO TmE ) 16 Of THE U IFI ED DEVELOPMENT CUDE )
INITIATED BY:
COMMUNITY DEVELOPMENT
DEPARTMENT
1000 EN G LEWOOD PARKWAY
ENGLEWOOD, CO 8011 0
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FIN DI NGS OF FACT AND CONCLUSIONS O F THE CITY PLANNING AND
ZONING COM M ISS ION
Commission Members Present: Krieger, Roth. Brick. Knoth, King. Calender, Fish
Comm,ssion Members Absent. Bleile, Welker
This mailer was heard before the Ci ty Planr, •ll and Zonmg Comm,ssion on March 18,
2008 m the Coty Council Chambers of the Englewood CIVIC Center .
Testimon~ w.is received from st aff and the Commission received notice o f Public Heanng.
the Staff Report, and a copy of the proposed amendments to Ti tle 16 U nified D evelopment
Code wh,ch \\ere incorporated into and made a part of the record of the Pubhc H earing.
After cons,derong the st atements of Staff and reviewing th e pertinent documents, the
members of the City Planning and Zoning Commission made the following Findings and
Conclusions.
FI NDI GS OF FACT
1. THAT the Pu blic Hearing on the Pubhc No ucc Amencimen ts to Ti tle I & of the
Unified Development Code was brought before the Planning Commission by the
Department of Community L)evelopment. a department of the City of Englewood.
2. TH AT notice of the Pubhc Heanng was published m the Cngle"ood Herald on
Februa~ 29, 2008.
3 THAT the Cit) Clerk has requested publication of legal nottees b\ e11her posting in
the offic,al newspaper or on the Cit) of Englewood "ebsite.
4 THAT the amendments are designed to upda te the existing legal notice regulation~
THAT lhc Jlllt'llcll"lelll, JI I! chi-,gned 10 PtO\lrle con 1>1<'11(\ \\Ith the 11•ma1·>clf'r nt '"I! Englt•"'>Ocl 'Ylu•11c11MI Co<le s langu,1qc, 6, THAT the ,1111cnclme111, ~cldress the co1111m1rn1y's requ1,st 101 rec~rv111H information irom 1he (11, 1hrough the World Wide Web. 7 THAT tht· amenclmera, adequa1ely conlorm 10 1he policy directions expr~sed m the Comprehens,,e Plan
CONCLUS IONS
I. THAT 1he Puhlic Heanng on 1he Pubhc Notice Amendmen1s 10 Title 16 of the
Un ified Development Code was brought before the Planning Commission by the
Depar tmenl or Corm1unily Del'elopment, a department of the City or Englewood.
2. THAT nouce of the Publrc Hearing was published in 1he Englewood Herald on
February 29, 2008.
3. THAT the amendments are designed 10 update the existing legal notice regula1ions.
4. TH AT the am1,ndments are designed 10 provide consistency with the remainder or
the Englewood M unicipal Code's language.
5 THAT the amendments address th~ community's request for receiving information
from the City through 1he World Wide Web.
6. THAT the amendments are recognized as being consistent with the Comprehensive
Plan.
DECISION
TH EREFORE, it is the decision of the City Planning and Zoning Comm iss ion that Case
#2008-02 Pubhc No11ce Amendments 10 Title 16 of the UnWed Development Code should
be referred 10 the Cuy Council wuh a favorable recommendation
The decision was reached upon n vo te on a motion ma cit' ,11 the meeting of the , rty
Planning and Zon111g Commission on March 18, 2008, by Mr. Fish, seconded b~ M
Krieger, which motion state:
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ABSENT:
CASE #ZON2008-02 PUBLIC NOTICE AMENDMENT TO TITLE 16 UN IFIED D[VELOPM(NT CODE BE RECOMMENDED AS WRITTEN l"OR APPROVAL TO CITY COUNCIL WITH A FAVORABLE RECOMMENDATION FOR ADOPTION. Kriege1, Rolh, Brick, Knoth, Kmg, Fish, Calender Mosteller None
Ble ile, We lker
Motion carried.
These Findings and Conclusions are effective as of the meeting on March 18, 2008.
BY ORDER OF THE CI TY PLANN ING & ZONI NG COMMISS ION
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ORDINA.'-:CE NO. SERJES OF 2008 BY AITTHORJTY A BILL FOR COL'NCll. BILL N0. 26 INTRODUCED BY COUNCIL MEMBER _____ _
AN ORDINANCE AMENDING CERT AlN SECTIONS OF THE ENGLEWOOD
MUNICIPAL CODE 2000 PERTAINING TO 1lfE LEGAL PUBLICATION PROCESS.
WHEREAS, the Englev.-ood Home Rule Charter does noc define what is requin:d by
"publication;" ond
WHEREAS, the Englewood City Council underst.ands thAt more and more citizens are
recciYJng infonnation through the World Wide Web; and
WHEREAS, the proYJsions of this Ordinance provide for the greatest dissemination of
inform;,• ion regarding tMtters of public cooccm 10 the citizens of Englewood, COiorado;
NOW, TIIE.REFORE, BE IT ORDAINED BY THE CnY COUNCD.. OF 11IB CITY OF
ENGLEWOOD, COLORADO, AS FOU.OWS:
~-The City Cowicil of the City of Englewood, Colorado bcrcby authonzes
amending Title I, Chapter 8, Scchoo 3 -"1'1,blication Requirements". and Title I, CbAptet
I 0, Section 2. Subsection 6 -"Public Notice" of the Englewood Mwucipal Code 2000 to
read as follows:
1-8: MUNICIPAL ELECTI ONS
1-8-3: PubUcation Requlremeots.
Whenever publication shall be required by the Charter, the Colorado Statutes. or
ordinances in comcction with mumcipai elections or procedure relative thereto, 5UCh
publication shall be made by PYbli;hjpg gp the; C1tv's official wmne gr bY pyblicaJion
m the newspape, designated by the ~Council fer Ill• ~YhlieetieR ef elhor 1•8111 netio ..
~ as lh£ Atts official PCY:1PIRC[
1-10: OTICE AND H£ARING PROCEDURES
1-10-l-4: J>ubUc Notlu
If required. pubhc notice of the di1e, ume and place of the pubhw bearing shall be given
in the tnaMer provided by the Charte,, StatUle ot onlinance pumiant 10 which said
hearing IS 10 be held. In the absence of any specific provision dehneallng the manner in
which pubhc notice is to be givm, DOllCC of the date, time. place and purpose of the
hearing 10 be held shall be made hY 2ubli$hjpg OP the Citv·a official ws\nitC· 9[ published
once in that newspaper deslgnlted by City Council as the Cny'i official newspape,, not
less than ten { 10) days prior to the date of said hearing. In the event the public hearing is
postponed. 11011cc shall be ll"'ffl of the da1e. Lune and place 10 which the hearing has
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b<.-cn poslponed. cuber b} cau,mg fun her 1k>11ce 10 be pubhshcd. a., oho, e prm 1d,-d. or by pubhcly announcing III the da1c . 11nic and place SCI m 1hc onl!mal no11,c. of the hcmng's postponement. of the nc" date. 11mc and place wht-n und "here the J1<1>lpun,-d hcanng shall be held . Si:cuon 2. ·n,e Cit y Cou ncil of the Cit) of l:nglcwood. Colorado hereby aulhon,cs amendi ng ofTnlc 4. Chup tcr 2. Sccti<>n 8 • .. Tnnc of Application: Luter Dcfcnncn,·. of the Englewood Municipal Code 2000 to rend ns follows:
4-2: SPE CIAL ASSESSMENT DEFERMENTS
4-2-8: Time of Application; Later DcftrmenL
At the llmc of publication of the notice of an ordinance to establish a spcx:1al d1stnct for
unprovcment, published therewith shall be noulication that eligible propcny .-wncn ma}
have their asscssmen: deferred by complying with the provisions of this Chap1er and by
applying for the dcformcnt no1 lo1er than sixty (60) days after the final publica1ion of the
ordinance. Concurrently, the City shall cause 10 be published on the Cjty', pfficjpl
~ al least twice in a newspaper ef11e1teFal eiFoulatiea ilhia 1lie Cil) ~
bx CitY Councjl as the City'§ offic ial OCWSPPPSt n news release infonning City residents
of the availability of assessment defcm1cn1s for eligible propcny owners along with
information about applying for the defennent.
In the event an eligible propeny owner desires to defer an assessment transferred 10 the
Cow,ty Treasurer for collce1ion, the propcny owner may make applicatio.1 for said
deferral: upon meeting the elig1b1hty cntcna or this Chapter, the assessment shall be
dcfcncd. The City shall require the applicant to comple1e all other necessary pro«durc:s
for deferral. Upon a dc1crnunallon oflhc property owner's cli,ibihty, the asscssmcnt
shall be deferred and rffllO,•ed from the roles of the County Clerk and Recorder.
SCCl1on 3. The City Council of the City of Englewood. Colorado hereby authonzcs
amending of Title 5, Chapter )/1. Seel ion 3 • .. Licensing Authority Estabhshed". of the
En~lewood Municipal Code 2000 to re11d as follows:
5-3: ALCO HO LI C BEVERAGES
5-JA-3: Liren<lng Aulhorit)' Established.•
F 'lne City Clerk shall receive all A1'iJlica1ions for licenses, nnd shall 1,sue all
licenses granted by the aulhonty. upon reccipl of such license fcc:s and taxes as 11re
required by law and thb Code. 111c Cny Clerk shall serve as 1hc official sccrdary
of the au1homy and shall dcs,~tc a pawn or pcrwns to provide the ncccssal)·
sccn:mnal and reponmg SCMCCS for the authonty. The Cit y Clerk Of dcs1gncc
shall attend the meeuni;,s of the authorny. All pubhc 11011cc Wll.l2t.mad; h>
pubhcalion on lhc Ci!y's pfficjal wcbUIS.J!{ m 3 newspaper jWIJll)3tcd.b.u.'.lU."
t.:ouncil auhc Cny"s pflh:jlll,ntc.lW2Alll<I and by the postmg of signs. as n:quircd by
lhe Colorado Liquor Code. shall be oeoam~liske~ IDil® by the City Clerk.
Scc1io n 4. The City Counci l of the: Cily of Englewood. Colomdu hereby nuthonzes
amending of Title 7. Chapter 2, Section 4. Subsection 2 -"Proc~-durc for D,spn.iition Clf
Property .. of1hc Englewood Mu111cipal Code 2000 to read as follows:
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7-2: LOST O.i ABA.'1/llO~ED PROPERTY. 7-2-4-2: Procedurt for Disposilioo of Proptrt). B Prior 10 disposition of any unclaimed propcny having an es111nau:d "alue of less than fifiy dollars ($50.00) or having no lns1 known address of 1hc owner, 1he Cny shall cause a no1icc 10 be-published on lhe C11y·s offig1•I websjtc or ma newspaper ef gene,al e1Feula11en IA the Cllj' ef J;ngiau•ee a dcsjrnnted by Cjty Cgyncjl as the Cjty's officjal newspaper. The notice shall include a description of lhe propcny.
1he owner of lhe propeny, 1he amount or cs1ima1cd value of 1he propcny ond, when
available. lhe purpose for which 1hc propcny was deposited or otherwise held. TI,e
notice shall Slnle where the owner may make inquiry of or claim lhe propcny. The
notice shall also stale 1hat if 01e owner fails 10 provide the Ci1y with a wrincn
claim for the return of 1he property within lhiny (30) days of 1he da1e of I Jhe
publication of the notice, the propcny shall become lhe sole propeny of the City of
Englewood and any claim of the owner 10 such propeny shall be deemed forfeited.
~ Tbfl City Counci I of 1he City of Englewood, Colorado hereby nuthori,.es
amenJing ofTi!le 8, Cbapler S, Section 6, Subsection 2C • "Structures in Commercial
Oistncts and Four or More Dwelling Units", of the Englewood Municipal Code 200010
read os follows:
8-5: MOVING STRUCTURES
8-5-6-2: St ructures in Commercial Dislricts and Four or More Dwelling Units.
C. The City Planning and Zoning Commission shall hold a public hearing 10 consider
lhc application. Notice of such hearing shall be given by po61tng the propcny and
&)I m1111 be mad; bv oublishios on the CltY 1S official website ot wriuen notice in
ae--emeiet I newspaper desiRPAted hY CitY CouociJ H lhe CilY1 $ officiAI
~ not less than fiflecn (15) days prio r to said hearing
~ _111c City Council of the City ofEnglewood, Colorado hereby authori:u.-s
amending ofTnlc 11, Chapter I A. Section 4, Subsecuon C • "Disposn,on of Unclaimed
Impounded Vehicles", of the Englcw')()d Municipal Code 200010 re.id as follows :
11-1: TRAFF ICCODE
11-IA-4: Disposit ion ofUncl■imcd Impounded Vehic les.
Whcnc,ct ,, vehicle ha• been impoundc<l in accordance wilh provisions of lhis Anic lc
and no cla,m of ownership or righ1 10 possession has been made, or, 1f made, has 1101
been cs1abhshcd 10 the sn11sfac11on of 1he Cily or Hearing Officer ond no suil or action to
dctennine such claim has been institlllcd and pendmg. the City may dispose of such
vehicle by lhe following means:
C. When disposition 1s by public au.1ion, lhe place of sale shall be the location where
1hc vehicle is stored or nnpounded. However, if such location is pa1cn1ly
unsuitable for thal pUIJJOSC. the ,·ch1cle will be transported to a more su11ablc place
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des1gna1cd b)' the Cn)"s purchasmg officer The Cn)'s purchasmg officer shall publish al lca,1 once. but preferably more oRen, in the laeal aAleiAI g ncwsp,1pcr dc£ignatcd b~CQuncj! as the Cjty's gfficiaL;1£11lJlWI QUIWhulJY.J ~si~. a no11cc or 1hc sale, which shall conmn 1h, following : I . Dcscnp11on of 1he vcluclc 10 he sold, 2 S1mc111c111 of when and where 11,e sn le will 1nlcc pluce. The sale will be held llOI less 1han lineen (IS) days from 1hc da1e of 1his nonce.
.S.~ The City Council of the City of Englewood, Colomdo hereby au1horizcs
amending of Tille 11, Chap1cr 2, Sec1ion 5 -"Public No1ice for rrea1ion of Dis1ric1", and
Title 11, Chapter 2, Section 7 • "Assessmen1 Proceedings". oflhc Englewood Municipal
Code 2000 10 read as follows:
11-2: PUBLIC IMPROVEMENTS
11-2-S: PubUc Notke for Crutlon of OisuicL
The notice of public hearing UJ)(ln the creation of any district pursuan110 the provisions
of lhis Chapter slulll be WJ1'l.w publishediwl once a wt:ek for lhrec (3) weeks in n
newspaper of g11um1I eiFouletieR iR lit e dcsiRDAted bx City Council as tbs; City'3 official
~ or on the Cuv·:s officiel wehsilc and. in addit1on. • copy of such notice shall
be mailed, postage prepaid, 10 each known owner uf real property within the proposed
district. Said notice shall con1ain the following:
A. A dcscrip1ion of the proposed distric1;
B. A description of the imprnvemen1s 10 be cons1ructed, installed or improved:
C. 'I he probable cost of1hc improvements;
0 The amount. if any. of the funds of 1hc City which is 10 be devoled to said
improvement;
E. The probable 101al amount of revenue which is Lo be raised by S(X,'Ciol asscssmcnLS
10 be levied upon lhc real propcny willun 1hc distriCI ;
F. The lime and place sci for public hcarini: 1hcrcon;
<.i. Thal any person dcsirmg 10 be heard upon lhe issue of the creation of lhe dis1ric1 or
upon the construc1ion. ins1nlln1ion or 1mprovcmcn1 of the improvement involved
may appear ol 1hc time and place SCI for the pub.le hearing thereon for Lhnl
purpose.
11-2-7: Assessment Prouedlngs.
B. No11ce and I/coring Upon A.tsessmrnts. Al such ume as the 10101 cos1s of lhe
cons1ruc1ion, ins1olla1ion or improvcmcr.1 of the improvement may hove been
rc .. ably asccr1ained, there shall be introduced before the Council a bill for an
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ord1nan.:c levying ,uscs,mem, upon 1hc real propeny m the distnct Pnor 10 final passage thereof, the Council shall, by resolution. set a lime and pince for a public hearing thereon. N<>1icc of said bcanng shall be published on 1hr Cuy's officjal ~ in three (3) consecu1ive issues of a newspaper of general circulation in the Cily and the date of heanng shall not be less than fift~n (15) day11 after the tirsl publication of such no1icc ~ The Cuy Cou nc il of the City of Englewood. Colorado hereby authorizes amend mg of Tu le 12 , Chapter 2, Secuon 6, Subsection O -''Publication of Noncomplamt
Users", of1he Englewood Mun icipal Code 2000 10 read ns follows.
12-2: WASTEWATER UTILITY
12-2-6: Enforcement •nd Penalties.
O. Publicatlon of Noncompllant Users. The City shall annually publish in the largest
Englewood newspaper and mav in additioo. oublish on the CitY1
§ official website
a list of the users which were in significant noncompliance with any preueauncru
requirements or standards during th.e twelve (12) previous months.
~ The City Council of the City of Englewood, Colorado hereby authorizes
amending ofTitle IS, Ch.ap1cr 3, Section 2, Subsection D • "Administrative Abatement
Procedure in Non-Emergency Situations". of the Englewood Municipal Code 2000 to
read as follows:
!S-3: ADMINISTRATIVE ABATEMENT OF NUISANCES
I S-3-2: Adminlstr1tive Abatement Procedure In No n-Eme rgency S ituations.
If, after inspecting the propeny on which a nuisance is rcponed, the enforcement
personnel who arc charged or designated by the City Manager with investigating
nuisances declare the cxi;tcncc of a nuisance, the following procedures shall be
followed.
D. If the nuisance has not been abated by the infonnal process or a summons and
complaint has not been issued at the conclusion oi the seven (7) days or three (3)
days in the case of graffiti set forth in E.M.C. 15-3-2(C), a written notice in
csscntiall) the fonn sci forth in E.M .C. I S-3-3 of this Chapter shall be served upon
the responsible pm1y by personal sc::rvicc or by leaving a copy of the notice al the
usual place of residence or business .of such owner, respons ible pnny shown by the
records contained in the County Clerk and R=rdcr's Office or in the ~ounty
IIu Assessors Office, or by mailing a copy of the wriucn notice lo such
responsible party at such place or address by United States mail, ecru( ed return
receipt . If service of such wnnen notice is unable to be perfected by any methods
described abovr. the enforcement personnel shall cause a copy of the 1ovt1cc to be
published in n newspaper of general circulation in the City, once a week for two
cons«ulive weeks. or bx pµbJishins on the Citv's offic!;ll wcbsils, or by posting
the notice on the property .
~ lhe Cuy Council of 1he Cny of Englewood, Colorado hereby au1ho01,es nmcndmg ofT1tle 16. Chaplcr ~-Sec11on 3.G -"Dcvelopmcnl Applica11on Proccdurel>'', nf 1hc Englewood Mumc1pal Code 2000 10 read as follows: 16-2: DEVELOPMENT RE\'IEW ANO APPR OVAL PROC EDURES 16-2-3: De,·elopmcot Application Procedures. Pnor 10 any change in ll5C and.or dcvelopmcnl acti>ity on any n,aJ property wuhin the Cuy of Englewood, a pcrmu must be obtained from the City for such action according 10
Char,tcr 16-2 EMC The appropriate type of permit will be decided UJ)On the filing of an
application. and may be subJect 10 an aprlication processing fee.
G. Notict! Rcquircmcnt:r.
I. Published Nollcc. Notice shall be by one publication on,.thc City'• gfficj•I
~ in 1he &ffiei&l-nc·.vspapcr dcsiKPnled bY CilY Council as the Citv;,
officjql newspaper ~Y ~, least ten ( I 0) days before any hearing
before lhe Council, the Commission, or the Board. The City shall be
responsibl e f,-: all required published notice.,, and for providing evidence of
timely published notice al the time of the hearing or consideration.
llill2ll.l1 The City Counci l or •he i;ity or l!nglcwoorl, i;olorado hereby authorizes
amending ofTitlc 16, Chapter 11, Section 2, Subsection 8-"Definition of Words, Tcnns,
and Phrases", of the Englewood Municipal Code 2<'00 to read as follows:
16-1 I: USE CLASS IFICATIONS AND DEFINJTION OF TERM S
16-11-2: Definition of Words, Tums, ind Phrases.
B. Dcfinttion of Words, Tenns, and Phrases .
Public Notice: The advertisement of a public hcanng in a paper er g••eral
11RJtdatieA tA 1he &Fe& ncwsoaoer deimatcd bx Citv Council as the Citv·s
official newspapg. or on lh& Citv's official website or the posting or the
property, or the mailing ofwriuco notice. indicating the time. place and nature of
a public heanng.
~ Safety Clauses The City Council hereby finds. dctennincs. and declares
that tlus Ordina,ce 1s promulgated under the general police power of the City of
Englewood, that II ,. promulg:11cd for the health, safety, and welfare of the public, and
that this Onhnanc;, 1s necessary for the prcsc:rvation of health and safety and for the
protection of pubhc convcn,en~c aud welfare The City Council further dctcnruncs that
the Ordin.ince bears a rational relation to the proper legislative object sought to be
obtained.
~ Scvcrabili1y. If any clause, sentence, paragraph, or part of tlus Ordinnnce
or the application thereof to any person or circumstances shall fo r any reason be
adjudged by n court of competent jurisdiction invalid, such j udgment shall not nlTe~t.
impair or mvolidntc the rcmninder of this Ordinance or its app lication 10 other persons or
cireumstnnccs.
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~ lncons1stent Qrdn13nccs All other Ordinances or ponions thereof incons1s1cn1 or conJli cung w1lh this Ordmance or any ponion hereof are hereby repealed to the extent of such mcons1stcocy or conflia. Section I 5. Effect o(repcal I![ mod1ficatim The repeal or modification of any provision of the Code of the City of Englewood by this Ordmance shall not release, extinguish, alter. modify, or change in whole or in pan any penalty, forfeiture, or hab1l11y, either civil or cnrninal, which shall have been incum:d under such provision.
and each provision shall be 1realed and held as still remaining in force for lhe PWJlO.I"'
of sustaining any and all proper actions. suilS, proceedings, and prosecutions for the
enforccmen1 of the penalty, forfeiture, or liability, as well as for the purpose of
susta ining any judgment, dee=. or order which can or may be rcndcrod, entc:n:d, or
made in $UCh actions, suits, proceedings. or prosecutions.
Section 16. fil!!l!x. TbePcnaltyProvisionofSection 1-4-1 EMCsballapplytocach
and every violation ofth1s Ordinance.
lntroduc:ed, read in full, and passed on first reading on the 2nd day of June, 2008.
Published as a B111 for an Ordinance on the 6th day of June, 2008 .
James K. Woodward, Mayor
ATTEST;
Loucrishia A. Ellis, City Clerlt
I, Louc.risbia A. Ellis, C11y Clerlt of the City of Englewood, Colorado, hereby certify that
the above and fo rego ing is a iruc copy of a Bill for an Ordinance, introduced, read m full,
and passed oo fU'SI reading 011 the loci day of June, 2008.
Loucnshia A. Ellis
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• COUNC IL COMMUN ICATION Date: Agenda Item: I Subject: June 2, 2006 9 a ii Victim Assistance Law Enforcement Gran~ 2006 Initiated By: I Staff Source:
Englewood Police Department Ch,ef Thomas E. Vandermee
COUNCIL GOAL AND PREVIOUS COUNC IL ACTION
The City of Englewood has applied for and received the Victim Assistance Law Enforcement (VALE)
Grant from 1990 through 2006.
RECOMMENDED ACTION
Slaff recommends Council adopt a Bill for an Ordinance accepting a 2006 VALE Grant funding In lhe
amount of $15,676.
• BACKG RO UND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
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The VALE Gran! fi nances approxtmately 30% of lhe salary and benefits for the Vk11m Witness Prop dm
at Englewood Municipal Court. The Victim W llness Program provides services for victims of doml!stic
siolence.
FINANCIAL IM PACT
Victim Wilness program would lose 30% funding.
LIST OF ATTAC HMENTS
81II for an Ordinance
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ORDINANCE NO SERIES OF 2008 BY AUTHORrn· ABilJ..l'OR COUNCil, Bil.L NO. 27 INTRODUCED BY COUNCIL MEMBER ____ _
AN ORDINANCE AU1llORIZING THE ACCEPTANCE OF A VICTIM
ASSIST ANCB LAW ENFORCBMl!N'f (VALE) GRANT FROM THE VICTIM
ASSISTANCE LAW ENFORCEMEh'T BOARD OF TIIE I STII JUDICIAL DISTRICT.
WHEREAS, the City or Englewood sare1y Service Dcpanmen1 applied for funding
under the VALE Granis Program to be used for funding the Victim/Witness Program in
the Englewood Municipal Coun; and
WHEREAS, the Victim/Witness Program in the Englewood Municipal Court has
servc.d the victims or domestic violence since 1990; and
WHEREAS, the City or Englewood has previously applied and been granted V ALB
Grants for the years 1990 through 2008; and
WHEREAS, the staff sceki Council approval of an Ordinan~e accepting a 2008
VALE grant funding in the amount ofSI 5,876, for the period of July 1, 2008 10 June 30,
2009;
NOW, THt!REFOR.E, BE TT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
~-The City Council orthe City of Englewood, Colorado hereby aulhorius
the 1ccq,tance of the VALE Gnnt and accompanying intergovernmental agreement, a
copy of which iJ marked as "Exhibit A" and anached hereto.
Ss£ilml. The Ci1y Manager, the Chief of Police and the Director of
Fmance/Admirustrative Scrv,ccs are hereby authorized to sign said VALE Grant and
accompanying in1ergovemmcnlal ag,cc:ment on behalf of the City of Englewood.
Introduced, read m full, and passed on first reading on the 2,. day of June, 2008.
Published as• Ball for an Ordmance on the 6th day of June, 2008.
James K. Woodward, Mayor
A1TBST:
Loucrashio A. Elli s, C,1y Clerk
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I. Loucnsh,a A. Ellis. f'uy Clerk of the City of Englewood, Colorado, hereby ccrufy lha1 the above and foreeomg 1s a true copy of a Bill for an Ordinance, introduced. read in full, and passed on fU'SI reading on the 2nd day of Jw,e, 2008.
Loucrishia A. Ellis
For Olllc11I U.. 0111> •011c Recc,.-..A ____ ApproV<d _ Denied __ Apphtalmn Number___ ,',mount Awarded ___ _ Ouphca(a; Scrv1ca Yes No V1c11m R1gh1, Act v~s No
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VIS Of ue PrOJCGI Durttion --··--Services 10 V1t.ums Yes No PrtYIOUsl)' funded Yes N0Mult1 •Junsd1cuonal ___ _ All M11er11ls included Yes No Dltt of Board r,v,cw __ Olher Dislncu ··········································-··················•-.•···········--· VICTIM ASSISTANCE AND LAW ENFORCEMENT GRANT APPLICATION 18th Judicial District 7305 South Potomac Street, Suite 300
Centennial, CO 80112
(720) 874-8600
pie-be ldviJ<d 11111 the board may n:volu any coolnd/pw 1f u,al inapprop,ately. Appl-,,.,,. be typed or pnntcd • bladlnk
AppllCIIIOOS ow be copied on botk sider (duplex). All opplicalioo pogcs n1111 be numbacd. P1-submit one orlj:lnal and a1kt ,pir,
ofyourapphcatlon, Umlt appllcatlon to 12 pages inchtdl111 covr:r sbu.1 and signature P•te. but exctudlnc 1u1chme.nts:. Do nouse •
font any rmalti:r thin I l point.
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APPLICANT AGENCY ___ _..En"-'g..,,lew=ood"-"-'Dep=,=artm=en=-'-1 o,..f ... S,,,ali.,e,..ty_,S,.,,erv......,jces=--
PROIBCT TITLE ___ _,_V,.,.ic,..ti.,_,m/Wi...,_,_1"'tn,.,.ess,,...,_A..,,d..,v.,.oc,.,a,.te.__ _________ _
Project Director ____ .,,S.,,us.,an....,M:,,c"'D"'o"'nn,,,e"'J,..l,_.,M'"A"-----------
Phone _ _..30=3~n=6=2·.,.24=5=2 ________ Fax 303081-8163
Address -~3.,,6c,_l ,_5 ... s ... E,.,,!ace.ti ..,,S.,._t. ... E..,,ng,...leeiW:.eO,:,\ld.._, .,.C,.Oc.,S"'o.._11,..,,0
E-mail: smcdonnel!@cnglc , 2!!&2l!&rg
Web page www.englewoodgov.org
AMOUNT REQUESTED ____ -'S,.__,1"'-5 • ._,,_87'-"6"".4,,__8 ________ _
JV . NON-PROFIT STATUS : ...LYes_No_ln Progress __
V .
Tax ID Number ____________ _
GOVERNMENT AGENCY: _x YES NO
REQUIRED A TI ACHMENTS {Include with all copies):
A. Oudge11
I. Agency Budgel (Waived fot govcrmr,cn11l agencic,)
l V1c11m As$1Sltncc: Program Dudgei
l llcn-wd Pro)CC1 Blldgct (mut lndud< blldtd norntlvc)
D Cop) ofSOl(c)(l) IRS Tu Rul1ng(1fapplioblt)
C. L1stong ofBoanl ofDirecto,und KeyOfTICCt'I
0. Cop)' or current Financi11l S1n1cment and Audu Rcpon -(Wnfvcd fo r yov~mmcn11I agcn<act)
E. M•n•gcmc.nl I..t:ucr r,om Aud1tor -(Waivcd ro, govcmmc:nl■I agenc1r.1)
F. Random Sampling of Chcnt Sab1f1CUOO ~
0. Lellas o[Suppost, lhpplabk-LIMIT◄
H If )'OIi an: r,quw,na • full orp1tHimo pos,uon. you n1111 auach your agency's cl1SS1fica1>on ofthlt po,ll1C111lndjob
dcscnpcion
Resume of prograni/project odnMi11r11or
APP LICATIONS RECEIVED AFfER THE DEADLINE WILL NOT BE CONS IDERED
SECTION A: Pf<O,JECT CONC~:l'TmESICN I. Deseripuon of the applicant agency: • The Englewood Department ofSafet) Services 1s comprised of the police and fire divisions for the City of Englewood. As of February 25, 2008, Englewood Safety Se:vices will split into two agencies, the Englewood Police Department and the Englewood Fire Department. Victim Services will report to the Englewood Police Department. 2. Substantiate or quantify the problem your program is designed to address within this communjty. i.e. factually or with other supportive documentation.
During the 2006 grant period from January I, 2006 to December 31, 2006, there were 140
arraignments in Municipal Court. The victim witness advocate contacted 273 victims during
that · ... 11e and I 37_were new victims. There were 273 contacts with victims at arraignments.
penalty hearings. probation reviews. motions hearings, show cause hearings and trials. Ms.
Wenig also contacted victims through telephone calls, personal appointments and letters
which are nol recorded on the client contact sheets. These contacts were to answer questions
and to discuss client's needs. Ms. Wenig also counsels family members who come to court
with the victims. These number. are also not recorded on client contact sheets.
3. Description of the project, which would be funded by VALE funds in the 18th Judicial
District. (Be specific regarding what services VALE funds will provide to !bi§ community.)
The victimlwitr..ss advocate for the municipal court in Englewood will provide support for
victims of domestic violence through the court proccs~.
4. A Identify and describe the project's goals aod objectives. Your objectives must be measurable
and speci fie.
♦ To provide a victim/witness position to ensure support for victims of domestic violence
through the court process according to the standards set forth in the Victim 's Bill of R,ghu.
+ To provide follow-up with victims after court.
+ To educate victims of dyn nmics of domestic violence.
♦ To provide referral to appropriate community resources such as victim compensation,
counseling, legal or financial assistance.
♦ To maintain contact with agencies or individuals such as Victim Compensation, Interfaith
Task Force. Human Services, shelters and therapists to maintain up-10-date resources
available to the victim.
• The victim/witness advocate will work cbsely with the probation officer to be sure Uiat the
goals of therapy are being met and the needs of the victim are being considered.
• The victim/witness advocate will keep a client "check list" form for ench domestic v1olc11ce
client served. This checklist will include some referrals made, victim compensation
application given, therapists suggested and restitution requests.
♦ To provide training and speaking engagements with organizations and sch:-,,ls on domestic
violence and relationship violence.
• To maintain court information. brochures and referral resources for clients from vruious
ethnic backgrounds using translation and counseling services listed in our Resource Book.
A list of these agencies is included with this grant app lication.
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SECTION A: (Continued} 4b. What 1s your limerable and work plan for acccmphshmg your obJccuvcs? Ongoing. Sn. Address what problems, if any, you anticipate m implementing the program/project's goals and objectives. There hav e been no problems to dale implementing these goals and objectives.
SECTION D: SERVICE INFORMATION
I. A. Define the population and geographic area targeted for services through this !'loject.
This program will be available to all v1cums of domestic violence who are \llctmtized ID
Englewood and whose case is heard at the Englewood Municipal Cour1.
B. lf the project is not localed entirely in the 18th Judicial District, what percentage of services
would be for victims and witnesses in the 18th Judicial District?
The project is localed entirely in the 18th l udicial District.
2. A. Include a brief description of how lhe ;,roject strives to provide culturally compclent services.
Cultural oompetence is defined as a process in which an agency continuously strives to
achieve the ability to work effectively within the cultural context of an individual or
community from a diverse culture/elhnic background. H the project does not now strive to
offer culturally competent services, how will you do this in the coming grant period? Include
cultural competency efforts in the goals and objectives in Section A, question 4.
The Victim/Witness program in Municipal court constnntly strives to offer educational
materials to clients in their own languages.
Asian Pacific Organization has sent brochures on domestic violence and services available for
us to give to victims who speak Eastern languages.
We use 01 e services of the Translation and Interpreting Cen ter for translations in court,
Mandarin and other Eastern languages.
All of the court infonnation is translated into Spanish. We have a Spanish speaking translator
for court hearings which are scheduled once a month for all the Spanish speaking clients.
These services are provided by Executive Languages.
We have available a list of agencies from many ethnic backgrounds and are constantly
updating this list.
3. A. What number of people 1s ID need of the sen,ces as proposed by this project?
(Identify source of infom1ation).
In the 2006 grant period, lhere were 137 new victims served in lhc Municipal Court as
documented by court records. Titere was an average of 12 arraignments per month in 2006.
Tite Victim/Witness Advocate attempts to conuict nil those whose lives are impacted by
• domestic violence, identified by eilher offense reports or incident reports.
.,tTTION B: {Continued) 8 . What number of people arc currently being ~crved in the 18th Judicial District and how? • (Identify source of information.) Al present there are approximately 235 cases active in Municipal Court and approximately 242 vicllms being served from 2006 and previous years. Each month about 10 cases are finalized so this number of active cases is constantly changing, C. Whal percent of the victims you serve are monolingual Spanish speakers? Thi:n: arc approximately 2% monohngual Spanish speaking victims. One afternoon per month
is Cl~•·!tnated as a Spanish-speaking docket All of the Spanish-speaking domestic violence
easer are set on this docket The Victim/Witness Advocate has access 10 the interpreter and is
able b) interview victims at this time.
D I-l o\! will your project diminish or eliminate any duplication of services?
, ,is project has been designed lo refer victims to services thal will respond to U1eir
~pccific needs. Through appropriate referral, each victim will be matched with referral
resources that will meet her or his needs.
E. How will you coordinate sr.rviccs with similar or like programs?
Th~re are no sim:lar semce• r,vailable through municipal court.
4. Define the managemc, ,· a· foi ~e :irogramlprojecL Identify specifically who will:
be responsible ford• v operal101 s
be ac:GOuntable for the expen('tu•e of grant funds,
Include the resume of programr:,roject administrator
Susan McDonnell, MA, is th•, coordinator and supervisor of the project The Victim Witness
Advocate, Nancy Wenig, submits a daily record of court activity to Ms. McDonnell which
includes victim OIIITIC, rcfcrrnls made, vict:m compensati on information, restitution requests,
etc. Ms . McDonnell and the City Accountant, Kathy Cassai, are responsible for the
expenditure of the grant funds under the supervision of the Chief of Police, Thomas
\landermee, and th e Director ofFinance Frank Gryglewici. Ms. McDonnell will be retiring at
the end of March Once a new person is hired, their resume will be forwarded lo the VALE
board.
S. ln compliance with the Americ.,n Disnbility Act (ADA) on providing access, how does your
agency provide accommodation, ·.or crime vict ims or victim service providers?
The Englewood Municipal Court is fully accessible lo persons with disabilities. For people in
wheelchairs, there is an elevator from the lower parking aren lo court. From U1c upper level
parking, it is completely wheelchair accessible. The court also provides hearing impaired
equipment for hard of hearing cli,mts, We provide interpreting services ~rom Sign Langungc
Associates for our deaf victims.
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SECl'JO'i C: EVALUATION INFORMATION: • I. How will you evaluate whether or not thi s proj~ct has met ns stated goals and obJCCtivcs? Explam
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how you evaluate the f~llowing: • Process Evaluation -Did the prograrr meet the project goal s and obJcetives? • Outcome/Impact Evaluation -Did the prOb'J'al11 achieve 01e stated outcomes or behavioral changes? How did the delivery of services improve the hfc situation of your clients • Overall agency success -How do you measure if your agency is "domg its job" well ? Statistic· arc kept on each court case including the number of vi ctims who accept counseling
and rep-•• offenses, tf any. Victims continue lo report a great degree of sausfactio1, with the
court · .,,,r ..
Prot;ss Evah!Jtion: The program has met its goals and objectives by providing
victimc with orgoing support during and after his/her court appearance. We maintain
cont& : · 1h vi ;tims to help them through "trouble spots" such as holidays, dtfficult
treatrncr.1 .~,1~ and changes in living co:iditions.
Outcom e Kv aluation : Our goal is to provide safety and support for victims of domestic
violence as well as to educate the victim of the court process and services available.
Unfortunately, victims are often resistant to change and do not always take advantag.-of the
help offered to th em. In 2006, 44% of the 140 victims contacted at arraignment took
applications for Victim Compensation. We constantly encourage victim. to participate in
counseling, We hope our efforts to encourage counseling fo r victims will even tually help
them make healthier choices in the future .
Ove rall agency success: Our relationship with the City Atlomey and Judge is excell~L
The process with which victims move tlll'Ough the court process is efficient and comforting.
Survey reports and follow up phone calls reflect a positive experience ir U,e Court. Victims
are encouraged to keep in contact with Ms. Wenig to work through the inevitable rough
spots in their recovery.
SECTiON D: CONt> a'ITUTIONA L AMENDMENT
1. A Define how this program/project will address the guidelines for assuring the rights of victims
and witnesses as outli ned in the Victim Rights Act (S ection 24-4.1-302.5 C.R.S,). List
specific services to be provided.
F,ch victim 1s given a brochu, at the arraignment, which outlines victim's rights.
The.s o J' "re reviewed by the victim/witness advocate per•')dically lo delem1ine the
victim's compreheas1on of these rights.
Victims are infom1ed of each stnge of his/her case inclu ding p1isoncr release.
No pica agreement is made with the defendant without the full understanding and agreement
of the victim.
B. Whul services are you providing as outlined in the VALE statute (Section 24-4.2-105 C.R.S.).
• The legislative intent is to assure that all victims of and wi tnesses to cnme arc honored and
pro tected by law enforcement agencies in a manner no less vigorous than the protection
afforded cnminal defend1111ts.
• The v1ctim/w1tness coun~elor ensures compliance with the guideli ne listed for assuring these
right s to vict•:n, ol J omeslic v1o lcnc~ m the municipal court.
Section D (Continued) • Englc,,ood Dcpanment of Safety Scrv1 ccs has mad e a clear effort to pro,•idc victim s • wuh the services entitled 10 them by the V1clim Bill of Rights. The court program addresses all of these rights including: lhe right to be present :.nd mfom1ed of critical stages in court, to be heard at coun proceedings and to confer with the prosecuting ntlomcy prior to dispos ition . • The victim is always asked if restitution is requested and is always offered services such as financial or legal help, shelters or victim compensation. • The victim/witness advocate has a private office and waiting room at coun so that the victim
is assured of safety and privacy before court proceedings. There are toys in the office and
short videos on domestic violence 10 watch . We cannot provide transportation to court.
2. Does your agency have a statutory mandate to notify victims under the Victim Rights Amendment
(VRA)? .x._ Yes No
How do you presently notify victims of their rights under the VRA?
A folder is provided to each victim al arraignment which contains No Conl8Ct Orders, literature
on Domestic Violence, a Victim's Rights bror.hure, Victim Compensation application and the
Victim/Witness Auvocate's card. Ms . Wenig explains these Victim's Rights to her/him at the
arraignment and conti nues 10 keep the virl · ,n informed of changes in the status of U1e case,
schedules and results of hearings, availability of property return and other information pertinent to
the victim's case while the case is active in coun. Ms. Wenig makes these contacts in person, :,y
phone and by leller.
What is lhe approximate number of clients who receive notifications made by your agency each
year? (N: II of clients)
There were approximately 273 victims contacted during the 2006 grant period . These victims had
cases in various stllges of resolution, each needing information on the s!lllus of the case as well as
other 1nfonnation pertinent to the victim's needs, e.g. prop,:rty return, Victim Compensation
infomiation, etc.
Whal is the approximate totul number of notifications made by your agency each year? (N<-/1 of
total notifications)
Each victim has on average 5 contacts with the Victim/Witness Advocate during the course of the
case in court. With approximately 140 new victims in 2006, this equals 700 contacts with victims
in person, by phone and by letter.
3. Does your agency have a victim rights brochure that is distributed to victuns?
A Victim's Rights Brochure is auached. This is given and explained to each victim at the time of
arraignment.
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SECTIO N D: (('ont inueo ; • 4. Describe the training your agency provides to all staff and volunteers about infonmng vicums of their rights under the Colorado Constitution.
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Each volunteer has received the Colorado Gu,dc 'rnes for A.rsuring the Rights of Victims of and Witnesses to Crimes. The volunteers have discJs<ed this report as well as the Victim's Rights Brochure al meetings and arc instructed to give the brochure to victims when appropriate on calls and to answer any questions regarding these risJ,ls. All Police and Fire personnel were trained on Victim Rights during the in-service academy in September of 2007. Da te oflnst training: September 2007
Training provided by: Susan McDonnell and Nancy Wenig
Whal percer,l of your staff aucnded the above training?
100%
5. Are any of th~ services provided by your agency eligible for Crime Victim Compensation
rcimburrement? ____ Yes _X __ No
Ts so, list services:
Does your agency regularly conduct or receive Crime Victim Compensation ,, aining fo1 'lirect services
staff or volunteen? ___ Yes __ X_ No
Describe the training on victim compensation that li!!S been provided to your staff and v?lunte :r~
Both Ms. McDonnell and Ms. Wenig have received training on victim compensatiJn from Wen,;1 $11 ,.,.,
Ms. Wenig attended further training in March of2007 with Meghan Salcebey frc,,,, the Dep.:irtmen oi
Justice and disseminated infonnation to staff and volunteers.
Date of last training:
Training provided by:
March 2007
Mcghan Saleebcy
SECTION E: BUDGET SUMMARY/FlNANCIAL I NFORMATION
1. Totnl amount ofV ALE funds requested: S 15.876.48
2. Will tho runount requested provide full funding for the project? _Ye X....No
3. [f no, please identify other funding sources and ru11ounts received wiU1ir. the pa~t t •,n years . Do not
include other VALE funding. Please also include other pending grnnts.
The City ofEnglewood will contribute the remaining cost of the program .
4. Arc you currently receivi!lg VALE funding? _L Yes _ No
If yes. please idenllfy the Judicinl District and the amount request ,d ON I cccive<l. Inc ,-,e current year
funding from the 18th Judicial Districl
Date of Awwrd
July ).2007
District
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Amou nt Requ ested
$18,276
Amoun t Received
$13,707
Sectlnn F. {Co ntinu ed) 5. Will you be applying to other VALE Boards for funding? _ Yes _X_ No If yes, please identify the Judicial District and the amount requested . 6. If an increased amount of funding over this year's grant award is being requested, please provide wrillen justification. Substantiate or quantify factually or with other supportive docuMentation . 7. Anticipated client fees from this project: None assessed al this lime.
8. Describe the volunteer and/or in-kind services that will be used for this
program/project
No volunteer hours contribute lo this program.
9. What percentage of yout total budget is this request for VALE funds?
Approximately 30% of the to.al budget would be VALE funded. The salary range for this po~ition
is S20.07 to $26 .09 pr ,iow plus benefits. Due to the high caliber of applicants, we anticipate
starting the new perso .1 SY-, over the lowest figure.
I 0. If this program/project is lo continue beyond the initial funding period, please i \en tify how the
program/project will be funded in the future. Please be specific.
The City of Englewood is committed to the Victim/WitnesE Program in the Muni•ipal Court. The
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City Council is willing to provide t' .-oifferenee in the total co;t of the program. Englewood has •
been responsible in assuming their ~j,are of successful programs when it is financially able.
SECTIO N F: ADDITIONAL COMMENTS
As noted a'--,y,: •hen Ille new coordinator is hired, his/her resume will !le forwarded to the VAL~
Board . We pie · 1, • • •• i-,als and objectives of this program to remain the same during this
transition.
TI1c separa tion of Englewood Safety Services into Englewood Police and Englewood Fire will not
change the goa ls and objectives of this progn m, nor the application of the program in the Mun icipal
Court.
Ms. Wenig continues to meet with agencies in the community that provide Victim Si.rvices.
This contact helps coordinate services bctwem the court victim servi ces and the victim suviccs
provided by the tn:atment center. Ms. Wenig also nllends meetings in th. community 1<, m.untain up
10 date resources.
Ms Wenig continues 10 work well with the Prosecutor's Office, the court staff and the prohation
de1 uncnt.
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The applicant nssures thol the following signatories and all stafTand volunteers assigned to this project have read and understand the rights afforded to cnme victims pursuant to sectJon 24-4.1-302.5 C.R.S . and the service& delineated pursuant to sections 24-4.1-303 C.R.S. and 23-4.1-304 C.R.S. I hereby certify that the information contained hercm is true and correct to the best of my knowledge and belief.
Susan McDonnell Project Dire£ll!r
Ty ped Name or Project Di rector
Signature Project Director's Date
Thomas E. Vand crmec Agency Oi rccror
Typed Name of Agency Director
Date
Frank Gryglcwicz Fjnancral Officer
Typed Name of Financial Officer
Signature, Financial Officer Date
Gary Sears Authorized Official
Typ ed Nam e of Authorized Official
Slgnn tllrc AuthorizeJ Official Date
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Projec1 Director: The person who has direct responsibility for the 1mplemenmion of the project This person should combine kno wledge and experience in U1eprojec1 area with ability to administerthe project and supervise personnel. He/She shares responsibility with the Financial Officer for seeing that all expenditures arc within the approved budget. This person will normally devote a maior portion of his/her time to the project and is responsible for meeting all reporting requ irements. The Project Director must be a person 0U1er than the Authorized Official of the Financial Officer. Agency Director: The executive director of lbe agency. This may in some agencies be the same person as the project director or authorized official.
Fjnancial Officer: The person who is responsible for all financial matters related to the program and who
has responsibility for the accounting, management of funds, and verification of expenditures, audit
information and financial reports. The oerson who actually prepares the linnncial reports may be under
the supervision of the Financial Officer. The Financial Officer must be a person other than the
Authorized Official or the Project Director.
Authorized Official: The authorized official is the person who is, by virtue of such person's position,
authorized to enter into contracts for the grant recipicnL 77,/s could Include: Mayor or City Manager,
Chairperson of the County Commissioners, District Attorney, President of Chairperson of the Board of
Directors, Superintendent, or other Chief Executive Officer.
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COUNO L COMMUNICATION Date: Agenda llem: Subject: June 2, 2008 1 1 al Amendment 10 lhe IGA with C-DOT for a Bridge over the Platte River at Oxford Avenue Initiated By: Staff Source:
Depanment of Public Works Rick Kahm, Director
David Henderson Em,ineerln2/Caoilal Prolects Administrator
COUNCIL GOAL AND PREVI OUS COUNCI L ACTI O: 1
• Council approved Resolution No. 79, Serles 2"')" 1• 111'-.,, s the City to apply fo r fe.~eral fund;
under the lntermoda; •~"~re Transportatli •f,,1P.1<' , \cl (ISTEA).
• Council approved Resolution No. 77, Serl., •• ·", :u . :Zing lhe City to apply for federal funds
unde< the •safe Accountable Flexible Efficient l , n• -tation Equity Act-legacy for Users•.
• Staff discussed the status of the projec1 al the August 14, 2006 Coun<.11 Study Session.
• Council approved Ordinance No. 36, Serles 20C5 authorizing an Intergovernmental Agreement
(IGA) with COOT for lhe pedestrian bridge over the Platte River at Danmouth Avenue.
• Staff discussed the status of the project al t' e August 14, 2006 Council Study Session.
• Staff discussed the status of the project at the January 16, 2007 Council Study Session.
• Council approved, by Motion, awarding a design contract to Hartwig and Associates on May 7,
2007.
RECOMM ENDED ACTION
Staff recommends Council approve a Bill for an Ordinance authorizing Contra.ct Amendment No. 1
to our existing Intergovernmental Agreement (IGA) with the Colorado Department of
Transportation. This Amendment will obligate $476,000 of federal funds for the construction of lhe
Bridge over the Platte River al Oxford Avenue.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The exl;tlng bridge over the Platte River was built by Englewood to connect the front and back nine
holes of our Golf Course. Subsequently, it has served as a cross-over connection for the Mary
Carter Greenway. This has caused conflicts between pedestrians, bicycles, and golf ca rts. This
proposed project will install a new structure, south of the existing bridge, to separate gol f cou rse
patrons from the Platte River Trail System.
The Denve r Regional Council of Governments (DRCOG) accepts applications from local
governments, typically on a two-year cycle, for projects to be considered for federal funding.
DRCOG, In cooperation wllh the Colorado Department ofTransportation (Coon, Is charsed with
• preparation of the Transportation Improvement Program (TIP). Th e TIP prioritiz es res lonal projects
,or Federal Transportarion Funds a,ailat,,, 1h,.,11gh 1 .. , Sa1e Accmmtable Flexible Efficient T ransportatlon Equity Act-Leg...:~ ior 1 ''"•, (SA FETr AL\! I, Englewood first applied fo r th is enha, ,-,•rnent project m 2003 and, with Councll"s concurrence, we reapplied ,n 2005. Based on our ap1~llutlon and certificauon thJt local matching funds are .vail;• I~, DRCOG accepted the proj!'<.I ,n :006 and included $579.200 of federal funds in the TIP (SIOJ,:u0 for design and $476,000 for con,h l11.tion), '\1, IGA with COOT, obligating S 103.20() 111 r~dcral funds lor design, was approved in 2006. Per
COOT and federal requirements, we p11b11,ll' advertised and selected a design consult.'>t based on
qualifications. Hartwig and Associates wa1 ,tlected and design work began in May, 2007. Design
was completed in September, 2007, and we have been waiting for COOT to prepare a Contract
Amendment and obligate the $476,000 for the construction phase.
Per the Development Agreement rela••d •., the Sheridan Developmen~ Miller/Weingarten (M/W)
will pay 20% of the actual cost. Based oo !ne latest estimate for design and construction, the M/W
share will be S 170,000. Englewood is rest onsible for the remaining local share.
This pedestrian bridge project should b<> coc,structed during low flow periods in the Platte River
(November to March). Our consultant and Public Works staff accelerated the design schedule,
completed the final review wilh COOT, an~ requested they provide the required construction
funding agreement last October. Our hope "'as to begin construction last year. Unfortunately, it
has taken appro~lmately six months for COOT to provide this Contract Amendment.
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Pending approval of the second reading of this Bill and CDOT's Issu ance of a •concurrence to •
Advertise", we would construct this project beginning in October, 2008 and complete th e project
by April, 2009. This schedule is dependent upon COOT executing this Amendment in a timely
fashion and providing the required approvals by August I, 2008. Delays at COOT would require
postponing the project until the winter season of 2009/2010. A recent past proiect (Broadway
Medians) experienced delays of over two years after the IGA was 4pprovcd. Our goal is to bid this
project and the Dartmouth Bridge project at the same ume, realizing savings from economy of
scale.
FI NANCIALIMPACT
The original estimate (s ,bmltted with the DRCOG application in 2003) for construction of this
project was $595,000. Federal funding for construction Is capped at $476,000. Construction cos1
estimates have escalated, panlc u:arly for steel and concrete. Per our existing IGA, Englewood is
responsible for I(()% of additional costs.
The total estimated cost for the coostruchon o ( the pro,ect is 5722,000 as detailed below:
fedPral
M/W contribuhon (20% of total pro)l!Ct cost)
Englewood share of construction Overmatch (based
on September, 2007 estimate)
Total estimated local matching runds for construction
Total Cnnstruction
$170,000
$476,000
1lli..QQQ
$722,000 •
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Design" as completed ,n 2007 al a total cost of S 129,000 ($103,200 federa l and $25,800 local match), Per our existing IGA, COOT will reimburse Englewood S 103,200 for the federal share 01 design, Please note that on CDOT's Exhibit C. I in the Amendmen~ the federal funds indude both design and cons truct ion ($103,200 desig11 plus $476,00() cons truction • $579,200). Also, please note that COOT has not used the correct cost esumate. The total cost of the projen including design, is estimated at S851,000 (S 129,000 design and $722,000 construction). Our Overmatch on Exh ibit C.1 should re~d S 1 27,000. COOT is no t concerne d with the overmatchlns doll ars as our IGA states we are responsible. Changing this would require a couple of months and action by 1he State Transporta tion Commission.
Funding for the design and construction of the project is in place as detaoled below:
Fe deral Funds
M/W contribu tion
Public Improvement Fund
Conservation Trus t Fund
Total
$579,200
t70,000
77,000
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S851,000
Staff expects to hear from Arapahoe County Open Space In early June regarding our $250,000
applicatlcn to offset rising costs for our two bridge projects.
UST OF ATTACHMENTS
Bridge Location Map
Bill for an Ordinance
Co ntract Amendment No. 1
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ORDfNANCE NO. SERJESOF'.!008 BY AUTIIORITY ABll.LFOR COUNCIL Bll.L NO. 28 INTRODUCED BY COUNCIL MEMBER ____ _
AN ORDINANCE AUTHORIZING "C01',7'RACT MENDMENT #l"TO AN
INl'ERGOVERNMENTAL AGREEMENT BETWEEN n!E COLORADO
DEPARTMENT OF TP A.NS PORTA TION (COOT) AND THE CITY OF ENGLEWOOD,
COLORADO TIIAT PERTAINS TO CONSTRUCTION OF A BR.IDOB OVER THE
PLATTE RIVER AT OXFORD AVENUE AT THE ENGLEWOOD GOLF COURSE.
WHEREAS, lhe exist:ng bridge over the Plaue Rh-u w.u bwlt by Englewood to
connect the front and back nine holes of the Englewood Golf Course; and
WHEREAS, Ibis bndge has served as a cross-over connection for lhe Mary Carter
Grcen,...y causing conflicu bel...-ca1 pcdcsuians, bicycles and golf cam. and
\VHERBAS, the proposed bridge will be buih ooulh of the existing bridge and will
>cOarate golf course patrons from the Platte River Trail Sys1crn; and
'wl!EREAS, the City of Englewood approved Resolution No. 77. Series of 2005,
lllU!ofiZdlg the City to 1pply for Fedcill funds lmdcr lhc lntef1\\0dal SWUce
Transportnlion Efficiency Act (SAFTEA-LU); and
WHEREAS. Englewood applied for lhc "Enhancement" project in 2003 and a:;i:in in
2005 wtlh Coundl's ooncum:ncc. DRCOG accepted the project and included it m tbt-TfP
(Transponation Improvement ProgJam): and
WHEREAS, the Englewood City Council authorized an IGA with COOT for $73,000
which related 10 the design of a bridge over the Platte River at Oxfonl Avenue al the
Englewood GolfCoum: with the passage of Ordinance No. 36. Scries1,f2006; and
WHEREAS, the passage of this Ordmance will autborw:ConllllCt Amcncbru,nt #1 and
the accepu111ce ofan add1tionnl $476,000 forthe construction phase of a bndge over the
Plane River at Oxford A venue al the Englewood C.Olf C-,
NOW. TilEREFORE. BE IT ORDAL~ BY THE CITY COUNC l. OF THE crrv
OF ENGLEWOOD, COLORADO. AS FOLLOWS:
~ 11,e City Council of the Ci ty of Englewood, Colorado. hereby authorizes
"C'Olllrxt Am<ndmcnt #I" 10 thecustingTratlSJIOIUIIOII Enhanccmcnl Contract IGA w1th
the Colorado Ocpanmcnt ofTrnnsponalion··. for addnional financial commitments n:lah:d
10 lhe coasuuctioo of Plalle Ri,-u Bndge al Oxford A venue al the Englewood Golf Course.
anached as Exhibit I.
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~ The Mayor and the Cny Clerk are hereby aUlhonzcd 10 1gn and nucs l said "Con1mct Amendment II I", on behalf of the City of Englewood. Int roduced, read in full. and passed on fit~I reading on the 2,. <by of June , 200 . Pubhshcd as a B1II for an Ordinance on th e 6• day f June, 200
James K . Woodward, Mayor
ATTEST:
Loucri shia A. Ellis, Ci ty Clerk
I, Loucrishio A. Ellis, Ci ty Clerk of the Ci ty of Englewood, Colorado, hereby ccnify that
the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full,
end passed on first reading on th e 2nd day of June, 2C08 .
Loucrisu,a A. Ellis
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(FMLAll'RK) 08 IIA6 00133 SAi' IJJ 271000768 E X H I B I T l'ROJf:CT ST[ \tJqS-013, (15912) • Hogln 11 6, (jh/bh) CONTRACT AMEI\DMRNT #I THJS AMENDMENT, is made this __ day of ______ , 20_. by and between thr Stale of Colorado for the use and benefit of the Colorado Department ofTransportation, hereinafter referred to as the "State",
and the CITY OF ENGLEWOOD, 1000 Englewood Park-way, Englewood, Colorado, 80110, COOT Vendor#:
2000021, hereinafter referred to as the "Conlrac1or" or the "Local Agency''.
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6.
7.
FACTUAL RECITALS
Authority exists in the law and funds have been budgeted, appropriated and otherwise made available and a
sufficient unencumbered balance thcreofr~mains avai lable for this Project as set forth below; and,
Required approval, clearance, and coordination has been accomplished from and with app1opriate agencies;
and,
The Parties en:ercd into the contract dated January 9, 2007, routing number 07 HA6 00034, known hereafter
as "the Basic Contract"; and,
The Basic Contract is an intergovernmental agJecmcnt between the Stale and the Contractor consisting of
constructing a bicycle and pc~cstrian bridge across thePlaUe River north of Oxford Avenue and consl!Ucting
a bicycle path that will connect the newl} constructed bridge to the Mary Carter Greenway, in Englewood,
Colorado; and,
The Basic Contract is still in effect and provides for changes lo 11s tenns and conditions by written
supplement or contract amendment; and,
TI1c Parties also now desire to amend the Basic Contract to add the construction phase by m•ising Recital I
and Exhibit C and updating the Special Provisions; and,
The Parties enter into this Amendment pui!'uant ,o the provisions of Colorado Revised Statutes, Sections 24-
30-1401 et seq., Section 43-1-106, and S(ction 43-1-110, ns amended.
NO W THEREFORE, It is her eby agreed that:
Consideration for this Amendment consists of the pnymcnts that shal l be made pursuant to this Amendment and the
promises and agreements herein &Ct forth.
2.
This Amendment is supplemental to the Basic Contract, which is, by this rclerence, incorporated herein nnd
made a part hereof, and all terms, conditions, and provisions thereof, unless specifically modified hen:in , are
to apply lo lhis Amendment as though thei• were expressly rewritten, incorporated, and included herein.
The Basic Con1rnct 1s and shall be modified, altered, and changed in the following respects only:
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•· l'c 11 ,. S11,n\,,·1 1 ,h.,11 ht Jmended 10 read as follows. AutllClril Y c~,m 111 1hc 11111 mid fu11d ~ hnvc been budge1cd, approprin1cd and o•hcrwi.se made availnble and~. suffiticm unro111nu11cd balJn~r tl1crcol rcmams available for paymenl of projeet and Locul Agency costs in Fund Number 400, \ppropna111,n C ·cJc 11 10, Ori:arunmon Number 9991, Program 7!).JO, Functioos 3020 and 3300, G ... Acc1 •12'12(MI0II, WllS I k m,·111, 1511 1: 1(1 10 and 1S9 12.20.10, (:::O ntrac1 Encumbrance Amount : 0-Pha.<e Sl 29/KIO.OO, (' l'hn \c $k 2'1,0IKI 00, Tn1al Encumbrance Amount $724,000 .00). TI1i s amcndmenl increases lhc original co,umcl cncumhrn ncr 111110tntl of Sl29,000.00 by $829,000.00 to a new cncumbr11ncc amoun1 of $958,000 .00
h. fah,bn C 10 1hc IJJ\1C Co111rac1 shall be removed and replaced in its entirety by Exhibit C-1, which
i! Bttnchcd hereto nnd mcorponncd herein by this reference. All references in the Basic Contract to
Exhibit C shall he removed and replaced hy Exhibit C-1, as appropriate.
c. Inc Special Prov,~ion• 111 the Uasic Con1rac1 shall be removed and replaced in its entirely by (he
following :
SPECIAL PROVISIONS
™ Spod,11 Pro'11fon1 apply lO •fl a,ntra111 oxcopt wh•re noted ., Ital/cs.
I , CONTRO LlEA'S APPROVAL CR$ 2 4•3 0-2 02 (I) l'lllla>nlnlel-not bedeemodv•llch1,tJ1kha1boen1ppn,v,,dbytheColorldo
si.ta Controller .. delignH.
2, RJNOAVAJ LABtUTY. CRS 24•l0•202(J,S) 'lnondlf~oltheSlllte P1Yable-thecurrentrcscalyear1re~upon •
fund, for that purpooe belog aP!)l'OPJlltcd, buQOttod, 1c,d olhorwlk n-a,1ila ble.
3, I NDEMNIPlCATION. To I/lo ektont eul/1ofUed t,y i.w, the Controctor sh1H Indemnity, .... , and hold harmless tho Slllle, Its employteS
end -"• ogolnlt •nv or.d oll da,ma, <IIIN9"', U.blllv Ind a>ur11wllds lndudlng emu, expenses, end a-.,ey rea Ind noloted CDIU,
lnamld as a mul cl 1oy lc1 or-by Conltoaor, or III emplaytto, _,ts, su~. or~ p,nuanc to the lerms of eta --(Appllt:111Jle On.'y t o Inre,povem mfl'1f.t l COntr,d1J No term or mndlUon of this coruaa shal be mns~ or 1ntc~etod es a waiver,
cxpreH or lmp,Ued, or My ot the lmmuniUes, rip hi.I, bondll.l. pffllouJon, or othar provt,lons, of the Colorado Govfl'mmental Immunity Act, ~
24·10•101 et soq ., ord•• fedcr•I Tort etlm, Atl, 28 u.s C, 2671 et '°'1 ,, ISlppllcable, D5,.,.. orhcrceftor lmeodcd.
4. INOEP£1hSHT a>NTRACTOR, 4 CCR I OI 2 co.tnaorlhaW porionn ls duties...,_ as on~ cancroc:tor and-osan ..._yec. H--nor ony 19<t11..-oml)4o\>teol Clll!ln<ll>< llhal be or llholl be deomed to be on aven\orem4)1oyeeoltheSlllte.
CoNoc1ur 51111 pay _, dlJe II r,qund Cfl'4ll<>Ymonl 1 .... and illc:Dme llX .. and local head lllXOS on any """"" pold by llle llllt• pursuanl
to lhls cantroct. Conlrl<tOr acknowk!dcjes thal a,ntrocto, and Ill omiJloyeeo ""' not onlllk,d to unemployment Insurance benellts unlw
contractor or a Wrd party provide.~ 1Uch CO\'craoe and thlM. lhCI 5tDto does not pey lor or otherwise provide such coverage, contrlc:tDr shal have
no 1uthor'tlation, express or lmpl,od, to bind the "•to to any ltgrtM."fflC!fll, lloblllly or un t •,utnding, mccept as expressly sct forth hcn,ln.
Cormc1or shal p,vvldo.,.. k""I' In lon:e -1<n' -l lll1d ~ p,ool of IUdl .......,.... when ""l'JeSled b: Ille SIOle) and
~a,mpensatlonlnwrtn<ltln lhe lll!IIMU~edbyllw lndShdboo,#f ,__ forllsaasandlholelAb~
ondage,IIS.
5, NON•OISCRlM I NATION , ConlnMlor agreas lo a,mr,ly with lho lctlc, ond U,c "l)l<tt of nil oppUcoblo Slot• ond icdcr•l lows respedl119
dlscrlmlnallon and unf11lr employment prru:tk::cs.
6. CHOI Cf Of LAW, The 1o ... cl I/le SU.to ol r-. and cules .. 111 r<QULaUOIII -pur>uant -. shall be~ In Ille lnl-, l>.l!<Ullan, and onl""""'°"' ol UW. CllllllOCI An\ ~ al 1111s mntroa, -or not ~ed -by ............
-p,vvldosfcra--...1,yany extro•judidalboOyor-0< ...ilid>tsacJ,on,,lwlna,nfUQ wfth said laws, rues, and revuiauoo,s1a111o
...,-.., ru1 Ind void. NOlhing con...,ed In ony P10Vlllcx1 lncoc1)0Colad 1-n by rotormce which purporu lO negate this or any olhe, spe,'>1I
prov.slon In wtiolt orln partsnell be valld orenfora:ableOfa.voll.'lblt In MY octk>n at l&w, whathat" byway of complaint, defense,, orothe.rwl5a.
Arly prevision ienclerod null and I/Old by U,e operoliD<l or thb r,,,,vlsloo wll not lnvalld•to U10 nimolncler or Ulis a,ntnlcl, to lh• O.lrtef11 dull lhfs
a,ntr>d Is capable of ex-. IV. 1! tln,os durinv lhe pedormona, cl Ulll contrad. Comldo, lihall lUldly lldt..,, to al oppllaillle federal and
S-laws, Nies, Ind n,g,-.s that hove been or moy -'ler be-.
7. (HotAppl/abf•l olnto1110..-nmenta/ContreCU) VENOOR OFl'S!T CRS 24 •30-202(1 )■nd 2~•30·202.~. ThlSl>'.>ConlTOler
moy wldlhoid payment cl certain dct>IJ owed to State "'IOfl<I<• under I/le vtndor orr .. 1 '""'"""'system,.,. (1) unpaid child IUf)polt debt or
dllld suppo11 arrearas,a: (b) unpaki ~lanccs of tax, aCO\led interest.. or other dlorges ,p. •netd In Artide 21, TIUc 39, CRS ; (,:} unpaid loans •
due to the Sl\Jdent Loan Division ol the Departmonl nl Higher lducallD<l : (d) amount,_,,. J to bo paid to the Unemplovment ..oir,pensatlon
Fund, •ncl (e) olher ui,pakf dcbls •"""9 10 lhe Statt o, Ill "9000a, u I muk or n,,. l'Jrc/ 11o1erm111111on or-to~ .,
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cem',ed by the State Controller. B SOFTWARE PIRACY PROHramON, Governor·, t,c.-uOve Order D 002 00 :'4o Slnto or other public h.lnds payable under this contrnt shal'I be used for the ocqutsrtk>n, operauon, or rn11ntenar.ce or cume>ul<'• 401\"-.Sr't 1n v1011t1on of tedetal CQOVrighl laws Of' eppfk:able IIcensJnQ rest:rlc:bons, Contractor hereh certifies that, fo,-1r.c ctrm ol thK c:ontt1C1 1nc1 •nv t'11f'SIOM, Contraruw has In olace appropriate ~ and a>ntJ'Ols to prevent such lmpfQpef UR ot r,,ut,1,,._ fund, If th• !,fate cteterm1n1s lh11 Contr1ctof' It in VIOlatlOn ot this paregraph, the State may exerose any remect v avaUable et law or equtti,i or unde, lh•t conuta, lndudlng, w,l.hcM, 1m,italton, lmmedaate to!f'nW\atk,n c;A this contratt and any rem<dy a,nsostent wllll 1"'1e,al CIJPYnllht lows o, 1111M c.tbfe • -'"II ,._.,... 9, EMP LOYEE FIN ANCIAL INT EREST, CRS 2 4 •18·201 ond a ◄•SO 507 l'A sl litOtlftl 1-thettOlhelrio-lodge, nremobve,,dthe State has: any personal Of" bonefjdal Interest whatsoever In thl Nf\l't t c rw'Q>'llf'\Y c. ~ "1bl0 ••,,_contract 10. [Hot A ppl/cable to l ntorgovornmon t o/ Controct6) ILLCOAL ALIEN~ PU I UC CO NTRACTS FOR SERVI CES AND RESTRICTIONS O N PUBLIC BENEFITS, CRS 1 •17 ,5•101 and 24 71,1 101 .,,,,._ co,tlRu lNI It m.A comply Wlt/'I U,e provlSk>ns of O\S 8•17.5· 101 et 5eq, COntractor 1hell not \lnowingty •mDtOY ot contract v.itn ,n I11~nI aljen lo ncdocro wads under this ~ or enter Into• contract with• subcantn,ctor that loll• 10 ur1lty to ContrOClor tllal tn• 1ubcontr1ctor 11111 not knOWlngfyemploy or
contract with an Wegal alien to porlqrm l!9ds Yoder !IJIJ mon.1 COflt-or ttP<•-1>, waminlt, 1nd •;rte, that k (IJ hils ...-lied that It
does not employ any lllegol aliens, tl1rough participa tion In tho Bas" Poot tm1~oymont Vorrnc.llon Prognom 1d1nlnl1tornd by the Sooal
Security Admlnlslratlon and Oepartment ol Hom1lond security, ond (Ml othetwlN •hi· c:ompl\l wkh tht --IS of CRS 8• 17.5·
102(2)(b). COfllractor shal a,mpty with Ill ,....,..Ille recruew NO. In 1111 CDU<M ol an 1nvut1gatfan u~, CllS 8•17,5•102 b~ the
Colon>do Oepartment or Labor and Employment. Failure to comply with any req ulrament ol this provision or CAS 8 · 17.5·101 et 1eq., sheU
be cause for tennlnatlon ro, bruch and contractor WII be 111bit ror t<WII t nd __ u., damages.
Contractor, W a notuRI penon eighteen (18) yoars or age or okler, hereby r woera or affirm• unctar penoll)I al perjury that ho or she (I)
Is a dtizen or otherwise lawlully present In the United States 11\lrsuanl to federa l law, (II) lholl comply with the p,o>lslcw d CRS 24 •
76.5·101 et seq,, and (111) shall product one fonn ol ldentlbtlon req<1nd by CRS 24•76.S·IOl pnor to u,e ellecl!Ye date or this
contract.
Revised October 25, 2006 Effective Date of Spadal Prvvt.lon a: Augu llt 7, 2006
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THE PARTIES HERETO HAV ~ EXECUTED THIS CONTRA(;T CONTRACTOR: Cicy or Englewnod Lei•I Name or Con1r1cUnc EnU1y
2000021
CDOT v ,ndor Numh<r
Slgnalure or Au,hor!nd Officer
Pri nt Name & TI ii e of Authorized Offioor
DATE: ______ _
CORPORATIONS:
(A corpor■le 1ttca11lion ii required.)
STATE O F COLORADO: BlLL RI'JTER , JR., GOVERNOR By _________ _ For ExecuUve Director Dtp1rtmen1 ofTran,port■llon
Date ____ _
LEGAL REVCEW:
JOHN W. SUTJCERS, A lTORNEY G!Nl':RAL
By __________ _
Attesl(Scal) By _______ ....,.. ________ _
(Cotpor1te Secretary or Bquivalen1, or Town/Cicy/Counl)' Cletk) (Ploce Corpor11e Sell h.... f ■v1l11ble.)
ALL CONTRACTS MUST BE APPROVED BY THE ST AT E CONTROLLER
CRS 14-30-202 requires 1h11 tho State Conlroll u approve all state contracts. This cont net Is aot nlld uolll th< Sta It
Controller, or rueb •nlrtanl u he may ddqate, bu acned IL The contractor I• not 1uthorl.ud II bqln perform1oce uotJI the
conln<I Is signed ■n d dated btlow. If performa nce bqlns prior lo~ d1tt below, tht Sl■te or Colondo may not be obllg11ed
to pay for tht coods and/or suvk"" provided.
STATI:COl'rrROLLER:
David J. McOmnol t, CPA
By ___________ _
Dute. ___________ _
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r--------------------------------, I EXJIIBIT C-1 F UNDING PROV1 S IONS STE M395-01 3 (159 12) A The Local Agency has es timated th e total cost the Work 10 be $958,000.00 which is to be funded as foll o ws :
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BUDGETED FUNDS a Federal Funds (E'lhancement@ 80%) b Local Agoncy Matching Funds (Enhancement @ 20%) c. Local Agoncy Ovennalch
Local Agency Matchng for COOT • In.curred Non-
d. Par1lclpallng Costs
(Including Non-Patlldpatlng lndwects)
OTAL BUDGETED FUNDS
ESTIMATED COOT-INCURRED COSTS
a. F edera Share
(80% of Participating Costs)
b. Loca, Sha,.:.
local Agency Share of Participating Costs
Non-Partlcipallng Costs (Including Non-Penlcipetlng
Indirects)
e.llmatad to be Billed to Local ~
TOTAL ESTIMATED COOT-INCURRED COSTS
ESTIMATED PAYMENT TO LOCAL AGENCY
a Fedora! Funds Budgeted (1a)
b LOIS e.umelod Federal Shere or COOT-Incurred Costs (2a)
TOTI\L ESTIMATED PAYMENTTO LOCAL AGENCY
FOR COOT ENCUMBRANCE PURPOSES
Total EncumbIencu /\mount
LOH ROW isMlon 31 11 and/or ROW Relocellon 3109
Nol to be encumbered as follows:
WBS Element 15912.10.
WBS Element 15912.20.1
Exh1b1t C-I Pnge l of2
SO.DO
$0.00
3020
3301
so.
SO.OD
$579,200.
so.
$579200.
$958000.
$129 000.
$829000.
B. The matching ratio for the federal participating funds for this projc~t is 80% federal-aid funds (CFDA #20 2050) to 20% Local A.gcncy funds, it being understood that such ratio applies only to the $724,000 .00 ($579,200.00 Federal Funds and $144,800.00 Local Agency Matching Funds) that is eli gible for federal participation, it being further understood that all
non-participating costs are borne by the Local Age,1cy at I 00%. If the total participating cost
of performance of the Work exceerls $724,000.00, and additional federa l funds are made
available for the project, the Local Agency shall pay 20% of all such costs eligible for federal
participation and I 00% of all non-participating costs; if additional federal funds are not made
available, the local agency shall pay all such excess costs. If the total participating cost of
performance of the Work is less than sn4,000.00, then the amounts of Local Agency and
federal-aid funds will be decreased in accordance with the funding ratio described herein.
The performance of the Work shall be at no cost to the State.
C. The maximum amount payable to the Local Agency under this contract shall be $579,200.00
(For CDOT accol!llting Pl!!'POSCS. the federal funds of$579,200.00, local matching funds of
$144,800.00 and Local Agency Ovcnnatch ofS23 4,000.00 will be encumbered fore total
encumbrance of $958,000.00), unless such amount is increased by an appropriate written
modification to this contract executed before any increased cost is incurred. IL is understood
and agreed by the parties hereto that the total cost of the Work stated hereinbefore is the best
estimate available, based on u... design dalll a.• approved at the time of execution of this
contract, and that such cost is subject to revisions (m =rd with the procedure in the
previous sentence) agreeable to the parties prior to bid and award.
D. The parties hereto agree that this contrnct is contingent upon all funds designated for lhe
project herein being made available from federal and/or state and/or Local Agency so,1recs,
as applicable. Should these sources, either federal or Local Agcocy, foil lo provide necessary
funds as agreed upon herein, the contract may be letminated by either party, provided that
any party terminatmg its interest and obligations herein shall not be relieved of any
obligations which existed prior to the eITective date of su.:b termination or which may occur
as a resu It of such termination.
Elthib1t C' I Page 2 of 2
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COUNCIL COMMUNICATIO N Oat,: Agenda Item: Subjec1: lune 2. 2008 11 a ii Amendment lo the IGA with CDOT fo, a Bridge over the Platte River at Dartmouth Avenue I nitiated By: Staff Source:
Department of Public Works Rick Kahm, Director
David Henderson, Engineering/Capital Projects Administrator
COUNCIL GOAL AND PREVIOUS COUNCI L ACTION
• Council approved Resolution No. 77, Series 2005, authorizing the City to app ly for federal funds
under the 'Safe Accountable flexible Efficient Transportadon Eq•iity Act-tP.gacy for Users•.
• Staff discussed the status of the project at the August 14, 2006 Council Study Ses$1on.
• Council approved Ordinance No. 37, Series 2006 authorizing an Int ergovernmental Agreement
(IGA) with COOT for the pedestrian bridge over the Platte River at Dartmouth Avenue.
• Staff discussed the status of th e project at the Augu ,· 14, 2006 Council Study Session.
• Staff discussed the status of the project at the January 16, 2007 Council Study Session .
• Council approved, by Motion, awarding a design contract to Hartwig and AssoclJtes on May 7,
2007.
RECOM MENDED ACTION
Staff recommends Council approve a BIii for an Ordinance authorizing Contract Amendment No. 1
to our existing Intergovernmental Agreemen t (IGA) with the Colorado Department of
Transportation. This amendment will obligate S362,000 of federal funds for the construction of the
Bridge over the Platte River at Dartmouth Avenue.
BACKGROUND, ANALYSIS, ANO ALTERNATIVES IDENTI FIED
Currently, the connection between the Little Dry Creek Trail and the Mary Carter Greenway TraTT
requires bicydes and pedestrians to cross the Platte River on the Dartmouth Avenue Bridge. This
bridge has narrow sidewalks, and there is a conflict between motor vehicles and trail users. This
proposed project will install a new structure, south of the existing bridge, for the exclusive use of
trail users,
The Denver Regional Council of Govemments (D RCOG) accepts applications from local
~,., ·• " .. typically on a tw:>-year cycle, for projects to be cor\ldered for federal funding.
C ' eration with the Colorado Department ofTransportation (COOT), Is charged with
~. •~ ... , ,e Transpo rtation Improvement Program (TIP). The TIP prioritizes regional projects
for Federal : , ... ,portation Funds ~vanable through the Sate Accountable Flexible Elflcient
Transportation Equity Act-legacy for Users (SAFETEA-t.U).
Englewood applied for this enhancement project In 2005. DRCOG scores projects based on a number of factors including safety, connectivil), usage, and cost-effectiveness. Additional points are given If a community offers additional local matching funds above the required 20%. Community Development staff recommended o,,ermat.ching the project to increase the chances of being selected. DRCOG accepted d,e project and Included $435,000 of federal funds into the TIP ($73,000 for design and $362,000 for construction). An IGA with COOT, obligating $73,000 in fede ral funds for design, was approved In 2006, Per COOT and federal requirements, we publicly advertis"rl and selected a design consul tant based on
qualifications. Hartwig and Associates was selected a11,1 Jesign work began 1n May, 2007. Design
was completed ln September, 2007, and we have been waiting for COOT to prepare a Contract
Amendment anJ obligate the $362,000 for the construction phase.
This pedestrian bridge project should be constructed during low flow periods In the Plalle River
(November to March). Our consultant and Public Works staff accelerated the design schedule,
completed the final review with COOT, and requested they provide the required construction
funding agreement last October. Our hope was to begin construction last year. Unfortunately, it
has taken approximately six months for COOT to pro~1de this Contract AmendmenL
Pending approval of the second reading of this ,1 111 .nd C:)OT's is~u.nce cl a "Concurrence to
Advertise•, we would construct this pro ject beginning m October, 2008 and complete the project
by Aprll, 2009. This schedule Is dependent upon COOT executing this Amendment in a timely
fashion and providing the required approvals by August 1, 200l. ['lelays at COOT would require
delaying the project until the winter season of 2009/2010. A , ... :m,t 1 ·•project (Broadway
Medians) experienced delays of over two yed •ft•r the IGA ,-,a ,, •1 ·•. J. Our goal Is t~ bid this
project and the Oxford Bridge project at the s1 r11e time, reahtln& .. ,1ng1 from economy of scale.
FINANOAL IMPACT
The onalnal estimate (submitted with the ::>RCOG appl!catio·, in WJ.~) for t.onstruction of this
project was $547,000. Federal funding is capped .,t $362,000. Construction cost estimates have
escalattd, particularly fo r steel and concrete. Per our existing IGA. Englewood is responsible for
100% ,,f ac'11tional costs.
The total estimated cost for the c, 1s truction of the project Is S 720,000 as detailed below:
Federal
Minimum required local match (20%)
Overmatch (based on September, 2007 estima te)
Tota l estimated local motchlnR funds
Total Construction
S 90,500
_lli.iQQ
$362,000
.....llMQ.Q
$720,000
Design was completed in 2007 at a total cost of S 123,000. Per our u1stmg IGA,, COOT has
reimbursed Englewood sn.ooo for the federal share of design . Please note that on COOT's Exhibit
C-1 In the Amendmen~ thoy show the $73,000 paid to us for design as a state contribution.
Apparently, an accountinr error at COOT required they pay us I :om state funds instead of federal
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funds. Also, please no te that COOT has not used the latest cost estimate and our estimated •
Overmatch Is Incorrect. COOT Is not concerned with the overmatching dollars as our IGA states
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we are responsible. Changing 1h1s would requi re a couple of mon1hs and action by the Stale Transportation Commission . Local Ma1chlng Funds fo1 cons1ruc11or, in the amount of S358,000, are budgeted In the Open Space Fund. S1aff expect• 10 hear from Arapahoe County Open Space in early June regarding our S250,000 application lo othel rising coSIS for our two bridge projects. UST OF ATTACHMENTS
Bridge location Map
Bill for an Ordinance
Contract Amendmeni No. 1
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ORDINANCE NO. SERJES OF 2008 DY AlITIIOllffY ABll..LFOR COUNCIL BILL NO. 29 INTRODUC ED BY COUNCIL MEMBER ____ _
AN ORDINANCE AlITHORIZING "CONTRACT AMEND>v!ENT #I" TO AN
INTERGOVERNMENTAL AGREEMENT BETWEEN 1'HE COLORADO
DEPARTMENT OF TRANSPORTATION (COOT) AND Tl-IE CITY OF liNGLEWOOD,
COLORADO, THAT Pl!RT AINS TO CONSTRUCTION OF A BRIDOE OVER 11ffi
PLATTE RIVER AT DARTMOUTH A VENUE.
WHEREAS, the connection between the Little Dry Creek Trail and the Mary Caner
Grecuway Trail requires bic)'c!es and pcdes1rians to cross the Plat•e River on the
Danmouth Avenue Bridge: and
WHEREAS, this bridge has narrow sidewalks for crossing the Platte River causmg
conntm between motor vch'.cles and trail users; and
WHEREAS, a proposed project wi:I install B new bridge south of the existing bridge
exclusive' 1 for trail uscri:; and
WHEREAS. the Denver Regional Council of Governments {DRCO<, T) aeeq>ts
opplieotions from local govr.mment for projects to be considered for federal funding in
cooperation with the Colondo Dcpar.ment of Transportation (COOT) and is charged with
preparation of the Transponation Improvement Program (TIP); ond
WHEREAS. TIP pn~ritizcs regional pro;ects for Fedcrol Transponmion Funds
available through the "Safe Accountabl: Flexible Efficient Transpon,t1on Equt1)' Act·
Legacy for Users" (SAFTEA-LU); and
WHEREAS. Englewood applied for this "Enhoncement" project in 2005 and DRCOG
"'ccptcd the project and included ii tn the TIP (Transponallon Improvement Program): and
WI IEREAS. the Englewood City Council Authoril.Cd nn IGA with COOT for 573,000
wluch related to the design of u bridge over the Platte Rive, at Danmouth Avenue with the
passage ofOnlil'.nncc No. 37, Scnes of2006; und
WHEREAS, th·. p35sage c,f tlus Onlinnnce will nuthonze Contract Amendment # I nnrl
the occcptnne<. of an addition ,I $362,000 for the construct,on phase o f a bridge over the
Plauc River r,t Danmouth Avenue:
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r,;ow. r111-.RH u Rb. llb IT URDAINl:I) IJY TIil: CITY COUNCIL OF rill: Cl r\' or £:.NGLEWOOD. COLORADO. AS FOLLOWS: ~ The l'II)' COW1C1l of the Cny of Englt'\\'ood. Colorado. hereby au1hon1.CS •Con1rac1 Amcndmcnl #I", 10 the existing "Transponation Enhanccmenl Con1rae1". for add11tonal financ,al conurutmcnis rcla1ed to the construcuon of Plane Rm:r Bnd~e at Danmou1h al 1he Englewood Golf Course, anached as Exhibu I.
~ The M•:'Or and the Cuy Cieri: arc hereby au1hori:ced to sign and auc:;1 said
lntcrgovcmmcn1nl Conll'bl., ~n behalf of the City of Englewood.
ln1roduced. read m full, and passed on first reading on the 2,. day of June, 2008
Published ns a Bill for an Ordinance on 1he 61h day of June, 2008 .
James K. Woo<lward , Mayor
A1Tl!ST:
Loucrishia A. Ellis. City Clerk
I, Loucrishia A. Ellis. City Clerk of the City of Englewood, Colorado, hereby ccn ,fy 1hm
1hc above nnd foregoing is a lruc copy of a Bill for an Ordinance, inlrodur ·d, read in full,
nnd passed on first reading on the 2nd day ofJune, 2008.
Loucrishia A. Ellis
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(FMLA Wilts) OR HAb 00116 SAP ID 2710007S5 E X H I B I T PROJECT STE MJ'IS-01 ?, (15911) • ltcgion 6, (bh/Jh) CONTRACT AMENDMENT #I 1 THJS AMENDMENT, is made this __ day of _____ _, 20 _, by and between the Stale of Colorado for the use nnd benefil of the Colorado Dcpanmcnt ofTransportation, hereinafter referred lo as the "Stale",
and the CITY OF ENGLEWOOD, 1000 Eng!ewood Parkway, Englewood, Colorado, 801 10, CDC'T Vendor#:
2000021, hereinafter referred to as the "Contractor" or the "Local Agency".
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FACTUAL RE CITALS
Authority exists m the law and funds have been budgeted, appropnated and otherwise made available and a
sufficient unencumbered balance thereof remains available for this Project as set forth below; :ind,
Required approval, clearance, and coordination has been accomplished from and with appropriate agencies;
and,
The Parties entered into the contract daied January 9, 2007, routing number 07 HA6 00035, with SAP ID
number 271000257 known hereafter as "the Basic Contract"; and,
The Basic Contract is an intergovernmental agreement between the State and the Contractor consisting of
construction of a bike and pedestrian bridge across the Platte River on the south side of Dartmouth Avenue
and a 300 foot bike path connecting Little Dry Creek and Mary Carter Greenway Bike Paths in Englewood,
Colorado; and,
The Basic Contract is still in effect and provides for changes lo its terms and conditions by written
supplement or contract amendment; and,
Toe Parties also n.'lW desire to amend the Basic Contract to add the conslnlction phase by revising Recital I
and Exhibil C and updating the Special Provisions; and,
The Parties cnler into this Amendment pursuant to U1e provisions of Colorado Revised Statutes, Sections 24-
30-1401 et seq., Section 43-1-106 , and Section 43-1-1 10, as amended.
NOW THEREFORE, lt is her eby agreed thnt:
Consideration for this Amendment consists of the payments that shall be made pursuant to this Ameodrneni 1111d the
promises and agreements herein sci forth.
2.
This Amendment is supplemental to lhe Basic Contract, which is, by this reference, incorporated herein and
made a part hereof, nnd all lcrms, conditions, and provisions thereof, unless specifically modified herein, are
to apply lo this Amendmenl as trough they were expressly rewritten, incorporated, and included herein.
The Basic Contract is and shall be modified, 11hercd. and changed m the following respects only:
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n. Recital Number l shall be amended to read us follows, • Authonty exists in the law wid funds have been budgeted, appropriated and otherwise made available and a sufficient uncommillcd balance thereof remains avnilahlc for payment of proj ect nnd Locel Agency costs in Fund Number 400, Appropnatton Code 0 I 0, Organization Nun1bcr 9991, Program 2000, Functions 3020 and 3300, GL Acct 4:!31200011, \VBS Elements I ~911.10.30 wid 15911.20.10, (Contract EncumbrJ111..e Amount: 0 -Phase $91,250.00; C-Phase $547,000.00; Total Encumbrdn<::: Amount $638,250.00). This ru ,tendment mcrcases Ute original contract encumbrance amount of $91,250.00 by $547,000.00 to a new encumbrance amount of $638,250.00.
b. Ex hibit C to the Basic Co ntract shall be removed and replaced in its entirely by Exhibit C-1, which
is attached hereto and incorporated heroin by 01is reference. All references in U1e Basic Contract to
Exhibit C shall be removed and replaced by Exhibit C-1, as appropriate.
c. The Special Pro\isiocs to the Bas.ic Canu-act shall be removed and replaced in its entirety by the
following:
SPECIAL PROVISIONS
The Speclll PmvtSIOru: applv u, al coocrlCIS exGePt -noted In lt11lcs.
I . CONTROLLER'S APPROVAL. CRS 1◄·30·202 (1). lhlsconlrac:l sl>al nctbedoemedv•Jldunlll ~ has beenopproved bylhtCclonNlcA
S121tt CDnlnltler or~ W
2. FUND AVAILABILITY. CRS 2◄·30-202(5.5), AnMoat ot>IIQallons at the Stare pay-alter the ClJfffl1t rtscal year >re contingent upon
runds r., that purpose being appropnoted, budgete<1, and Olhcrwlse made avollable.
3. XNDEHNIFICAnON, To tho 0<ten1 authortzed by law, the C0ntractOr shan lndffl>nlfy, save, ond hold ham>less the State, Its employees
nnd ogents, against any anrl all clalms. damages, llabllJty and court awards lnciudlng costs1 e,c;penscs, ond attorney rees and rtlated COSlS1
Incurred es a, result or any oct or omlss!()n by Contractor, or tts cmpk>vees, e~nts 1 subcontractors, or assignees pursuant to the terms of this
contract.
(Appllcablo Only to Jnte,povemmontal Contra cts] No tooTI or a,ndltlon at this a>ntnlc:1 shal be construed or lnterpnoted a, I waiver,
express or Implied, at any at the lmmL.itles, rights, beoeftt:s, 1)11)te<:Uon, or other provisions, attht COiorado Govemmentat lmmunll'/ Aa. CIIS
24·10-101 et seq., or the Fedenll Tort 0aJms """, 28 U.S.C. 2671 et seq., as lllJll(lcallle, as now or hereafter amended.
4 , l NOCPENDEKT COHTRACTOR. 4 CCR 801 ·2. Conb'1laor sha. perform Its duCles hereunder Hen Independent CXJl1tTaaor and not IS on
employee. H-axwactor nor ony ll(j<!l>! or employee d mntracur ahal be or shal be deemecl to be en i1Qen1 or employee at the SW..
C0ntnl<lor shal pay when due au required employment taxes and Income ta,os and local head taxes on bny monies paid by the Slat8 iusuant
u, this r 'tract. cootrntor acknowiecJoes that contractor and IIJ employee, an, not entitled u, unemployment lns..-ana, bencnts 1.11iess
a,ntractor or a third party provkles suet, coverage and that 111e sttite does not pay ror or Olherwlse provide such coverage. ConlrllCtor shall
hove no authorization, exprcs, or knplled, to bind the stale to any agreement, tloblllty or understanding, except as expressly set rorth herein.
COntrJct..:,r shall provide and keep In forte woric.ers1 compensotlon (and provlde proor or such Insurance when ..-quested by the state) and
u11cmpIoymcnt componsatlctt lnsurana, In the amounts rcqulrcd by lnw ond shall be solely responslblo ror Its acts and those ol Its omployces
and agents.
5 , NON-DISCRIMINATION. Co ~-agrees to a,mplv wltl1 lhe lcllar and lhe spirit at •• oppllcallle State and fedend tows mpectlng
dlscr1minMlon and univ~ pn,ctJces.
6 . CHOICE OF LAW, The lows ol lhe State of CtD'ildo, and nAcs anC1 ~ lsSu<!d pul'SUOOI lhtn!lo, shal be Ol)Pled In the
lnterp<etallon, exeaJ!lon, and enlottement d mis cootnlCt. IVff llfOYlslon at tNs cnntract. -or not tnawix,rated herein by,._,. .. ,
which pmvldes for arbitration by any extr••Judldal body orpenO<I or Whlcll ls O\IO?tWlse tn ainl1ict with said tows, rues, and~-NO
considered nul and void. Hou,1ng mnt•tned In any provlsk>n lnco<porated herein by refe<t!la which purpon, to l1<',lilte this or any otlllr spcoal
provision In whole or In part shall be valld or enlorceable or available In anyactlon at law, whether by way ol a,mptalnt, defense, or01herwlte.
Any provision rendered null and votd by the operation of this provision wni not Invalidate the I e.malnder of this contract, to the extent that th11
controct Is capable or execution. At all times during the perfom,ance ol lhls a,ntract, Contractor shn ll strictly Odhere to all applicable fc,jeral.
and Sr.ite laws, rules, and regutotlons thot have beef1 or may herearter be established
? INot Appl/able ro lnlOl'I/O>emmentat Conlract•J VENOO~ OFFSET. CR$ 24·30·202 (1) nnd 24·30·202.4, The SU,ttContraller
ml\ wlthnold payment at c,,a,n dellu ..,.., to State agencJes uncJ« the-ollset lnten:ept synem ror: (a) U'lpald child support debt or
child support--· (b) .., .. Id IMlllnceS ul Ill", aa:rued loterc", or othercha!ve, speolied lo Anlcle 21, Title J9, CRS; (C) ~ loans
due tti ll>e Student Loan °""51on dlht Department d H,gt,o, !Education; {d) a-roqulred tobt Plld tti the~~
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Fund, a"\d (I o ther unpa,ct debts: owtng to the State or ~ aoenaes~ al• te:stAt or final a,genc-,-determtnabOn or reduCed to )Udpment, a, certJ~ !>Y tn-e State Contro11er •8 , SOFTWARE PIRACY PROHIBlTlON, Governor'I E;xccutJve Order D 002 00. No St.lite or other~ fundl peya.bN! tJnd9f thJs contl'6C shall be u1ed tor the ocqulSIUon, ope,1i,on, or .,..,..,., nee ol COffl))Uter soltwa-e In vlolation ol federal a,pyrlght laws or appk.able Ucen51ng restnct1on1. Contrec.tor hereby ce.rtffies that, tor the term of this contract and any e•tensk>ns, Contractor has In place approprinto systems and conrrol1 lO prevent such Improper use ol public runds. If the Stete determines that Contractor~ In viO\otlon olthls par119raph, the Stete mav cxerose ony remc<ly ovallaOI• at law or equity or under this contr.a. lndudlng, wllioout M-, Immediate t"""""'tlan ot this concraa and any remedy ain<lstent wrt,, _,,I co;,yright laws or applable lloenslng restt1cUons. 9. EMPLOYEE FINANCIAL INTEREST. CRS 24·18·201 and 24-50-507, The signatories aver that to their knowledge. no emplcr/ee ol tile State has any personal or benelldal lnlef'OSt whatsoevet In tne sc,tVloe or pr -oscrtbed In 1115 aintn,ct. 10. (Not Appl/a,b/e to Intergovemmontal Contw:ts). ILLEGAL ALIENS -PUBLIC CONTRACTS FOR SERVICES AND RESTRICTIO NS ON PU8LIC BENEFITS, CRS 8 -17,5-101 and 24-76,5•101. ContrllClDr certifies that It shall COl'np\y with the p<OVtston• ot CRS 8·17.5·101 et seq. Contractor shan not lcnowlngly employ or c:nntract with an Illegal alien to PCd9aD WQd< YD41:r tbl•
l3lll1!l!.1 or enter Into a contract wM a subc:ootractor tt,at lefts to certify to Cootractor that the subcontractor shall not knowingly employ or
contract with nn Illegal alien to oerform work under this conlrllrt-Contractor represents, warrants, end agrees that It (I) has verffled that It
does not employ any Illegal aliens, through partldpatlcn In the Basic PIiot Employment V-on Pmgram administered b'( the Scdal
Secuf11Y Admlnlstr'Otlon and Oeparunent ol Homeland Sealf1ty, and (II) otherwise shaR comply With tile requl111ments o1 CRS 8·17,5•
102(2)(b), Contractor shall comply with all reasonable requests made In the course ol on lnves~ga~on under CRS 8•17.5·102 by the
Colorado Department of LabOr •nd Employment. Fallu111 to comply with any requl111mentol this provision orCIIS 8·17,5·1D1 et seq.,shal
be cause lor termination lor bructo and Contractor shill be liable for actual and consequential dameges.
contractor, If a natural r,e,son eighteen (18) years o( age or older, hereby swean or amrm, under penalty ot perjury that ha or she (I)
Is a dttzen or otherwise lawfully present In Iha United States pursuant to federal law, (II) shall comply with the provisions of CllS 24·
76,5·101 et seq., and {IU) shall prcduce one form ol ldentlflaotlon n,qulred by CRS 24·76.5·103 prior ID the ef1ed!ve date ol lhls
contract.
Revised October 25, 2006 Effective O1te of Sped•I Provisions: August 7, 2006
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TH E PARTI ES HERETO HAVE EXECUTED THIS CONTRAC T ONTRA TOR: 2000011
COOT endor umber
ignature or Aulhoriud Officer
Pr ln l Na me & Titl e or Aulhorf,i-d Officer
DATE: ______ _
CORPORATIONS :
(A COIJloni. 1ttos111h0n i1 required.)
TATE O COLORADO: BILL RITTER, JR., GOVERNOR B ) _________ _ for Executh e Dlrcclor Drpartmtnt orTranspor1 ■lion o ... ____ _
LEGAL REVfEW:
JORN W. SU'l'IIERS, A TTORNE\' GENERAL
By ___________ _
Attes1 (Seal) By _________________ _
(Col]lOnlC Sccrcwy or llqu1valen1 , or Town/Ci1y/Coun1y Oerk) {PIIICC Carpora10 Seal hm,, tf ll' .:l1ble.)
ALLCO T BE AP PRO VE D BY THE ST A TE CONTRO LLE R
CRS 14-30-102 requires thal lbe S111• Controller 1pprove •II Ille contracts. This contract Is not nlld u ntil tbe Ille
Controller, or such !st.at u be m•y delt&ate, hu signed IL The contrador is nol author b ,td lo bqln pc:rrormance untll Ib o
conlract IJ llgned aod dated b•low. t r performan« bq:ln1 p rior lo th• dot, btlow, tht tale or Colorado may not be obllcattd
lo pay ror the goods and/or ttnlctt prOYlded.
STATE CONTROLLER:
David J. McDermoll, CPA
By ___________ _
DIie'--------------
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I EXIIIRrT C-1 F'UNOING PROVISIONS ST E M3 9S-012 (1591 I) I A Th e Local Agency has estimated the 10101 cost the Work to be $638 ,250.00 which i s to be funded as foll ows'. 1 BUDGETED FUNDS a. Federal Funds (Enhancement @ 80%) b Local Agency Maleh~ Funds (Enhancoment @ 20%) c. Local Agency Overmatch
d . State Contrbut,on
Local Agoncy Matching for COOT • Incurred Non-
e . Participating Costs
(Including Non-ParUclpaling lndlrecis)
OT AL BUDGETED FUNDS
2 ESTIMATED COOT-INCURRED COSTS
a. Federal Share
(80% of Participating Costs)
b . Local Share
Local Agency Share of Participating Costs
Non-Participating Costs (Including Non-Participating
Indirects)
Estimated to be Billed to Local Agency
TOTAL ESTIMATED COOT-INCURRED COSTS
3 ESTIMATED PAYMENT TO LOCAL AGENCY
a. Federal Funds Budgeted (1 a)
b State Contribution (1d)
c. Less Esllmaled Fedora! Share of COOT-Incurred Costs (2a)
TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY
FOR COOT ENCUMBRANCE PURPOSES
Total Encumbrance Amount
Lass ROW ulsitlon 3111 and/or ROW Relocation 3109
Net to be encumbered as follows:
S0.00
$0.00
WBS Element 15911 .10.3 Desi n 3020
WBS Element 15911 .20. 1 Const 3301
Exhibit C-1 -Page I of2
S0.00
$638,250.
$0 ,00
B. The matching ra ti o for the federal participating funds fo r this project is 80¾ federal-aid funds (CFDA #20 2050) lo 20¾ Local Agency funds, it being understood that such ratio applies only to the $452,500.00 ($362 ,000.00 Federal Funds and $90 ,500.00 Local Agency Matching Funds) that is eligible for federal participation , it being further understood th at all
non-participating costs arc borne by th e Local Agency at I 00¾. If the total participating cost
of performance of the Work exceeds $452,500.00, and additional federal funds are made
available for the project, the Local Agency shall pay 20% of all su ch costs eligible for federal
participation and I 00¾ of all non -participating costs; if additional federal funds arc not made
available, the local agency shall pay all such excess costs. lfthe total participating cost of
performance of the Work is less than $452,500.00, then the amount s of Local Agency and
federal -aid funds will be decreased in accordance with the funding ratio described herein.
The performance of the Work shall be at no cost to the State.
C. The maximum amount payable to the Local Agency under this contract shall be $435,000.00
(For COOT accounting purposes, the federal funds of$362,000 .00, local matching funds of
$90,500 .00, local agency overmatch of$l l2,750 .00 and slate contribution of$73,000.00 will
be encumbered for a total encumbrance of$638,250 .00), unless such amount is increased by
an appropriate written modification to this contract executed before any increased cost is
incurred . It is understood and agreed by the parties hereto that the total cost of the Work
slated hercinbcfore is the best estimate available, based on the design data as approved at the
time of execution of thi s contract, and that such cost is subject to revisions (in accord with
the procedure in the previous sentence) ab'J'eeable to the parties prior lo bid and award.
D. The parties hereto agree that this contract is contingent upon all funds designated for the
project herein being made available from federal and/or state and/or Local Agency sources ,
as applicable. Should these sources, eiU1er federal or Local Agency, fail to provide necessary
funds as agreed upon herein, th e ~ontract may be terminated by either party, provided that
any party terminating its interest and obligations herein shall not be relieved of any
obligations which existed prior lo the effective da le of s~ch termination or which may occur
as a result of such termination .
Exhibit C-1 -Page 2 of 2
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COUNCIL COM MUNICATION Date: Agenda llem: Subject: lune 2, 2008 11 a Ill Ordinance authorizing Amendment of Title 7, Chapter 1 A of the Englewood Municipa l Code 2000, Entitled "Dogs and Cats·
lnlllated By: I Slaff Source:
Coty Manager's Office Michael Flaherty, Deputy Clly Manager
COUNOL GOAL AND PREVIOUS COUNCIL ACTION
The stated goal of City Council wilh this acilon Is "to Insure public safety through strengthening the
current provisions in the Code (EMC 7-1-A), as It relates lo dangerous animals."
Numerous discuss ions on this Issue have taken place among staff, City Council, the Code
Enforcement Advisory Committee, and a citizen task fo rce formed to provide In put on the
amendments.
• RECOMMENDED ACTION
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The Code Enforcement Advisory Committee and the City Manager's Office recommend approval
of the proposed amendments 10 EMC 7-1 A.
BACKGRO UN D
City Council Initially charged the Code Enforcement Advisory Committee (CEAC) with reviewing
the provisions of EMC 7-1-A. In January of 2006, a draft ordinance amending EMC 7· 1 A was
reviewed by City Council, and a Public Hearing on the draft ordindnce was held on February 5,
2007. Following the Public Hearing, and ba~ed on comments received, Council postponed further
action on tl1e bill. In March of 2007, Council agreed to establish a citizen task force to address
Issues raised during the Public Hearing. A seven member task force was selected and began
meeting in May. The task force presented their initial recommendation In the form of a newly
proposed ordinance on September 24, 2007. Following this meeting the task force and members
of the CEAC met to make additional changes suggested by Council
The combined efforts of the task force and CEAC resulted in a revised proposal tha1 was reviewed
and approved by the CEAC on January If,, 2008 and forwarded to Council, with a
recommendation d1a1 the City AUorney review. The City Attorney provided his recommendations
on the proposed ordinance on February 19, 2008. The task force and CEAC members r..convened
and made additional changes based In part on those recommended by the City Attorney. The
CEAC reviewed and app roved these changes al thei r April 16, 2008 meeting. At the Sllidy Session
of April 28, 2008, City Counci l reviewed the revised ordinance and reschedul ed final discussion for
May 19, 2008. The task force and CEAC members made their final review of minor adj11stments
foll t.owing the Apnl ~8 S1udy Session, ,, hich were reviewed and approved by Council on May 19, 2008. The City AUorne1 has reviewed all changes and has foowarded :he proposed re\lsed EMC 7-1 A woth this com,nunocation . FI NANCIAL IMPACT The Code Enforcemenl Division of th<! Engle\vood Police Departmen1 ha! revie\ved the proposed ordinance and ln doca1es that financial impacts are not anticipated as a rPsult ol the proposed amended provisions of EMC 7-1 A.
LIST OF ATTACHMENTS
Bill for an Ordinance
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ORDINANCE NO. SF.RIES OF 2008 BY i\UTIIORITY
A BILL FOR
COUNCIL BCLL NO. 30 INTRODUCED BY COUNCIL MEMBER ____ _
AN ORDINANCE AMENDING TITLE 7, CHAPTER IA, OF THE ENGLEWOOD
MUNICIPAL CODE 2000, ENTITLED "DOGS AND CA TS".
WHEREAS, the Englewood C11y Council , .iablisbed a citizen Task Force 10 address the
pro,,jsions of7-IA oflhe Englewood Municipal Code 2000; and
WHEREAS, a seven member Task Foree was selected and began meeting in May 2007;
and
WHEREAS, the Lask force prcscnlcd !heir inilial recommenda1ion, in Ll1e form ofa newly
proposed Ordinance on Seplembcr 24, 2007, following 1his meeting the T,uk Force and
members of Lhe Code Enforcemcnl Advisory Commillec met 10 make addilional changes
suggcsled by City Council; and
WHEREAS, the combined elfons of1he Task Force and the Code Enforcement Advisory
Commiltee (CEAC) rcsuhed 10 a revised proposal lha1 was reviewed and approved by the
CEAC on January 16, 2008; and
WIIEREAS, the Task Force and CEAC members reconvened and made ~ 11ional
changes and Lhe CEAC reviewed and approved the changes al their April 16, ;008 meeting;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Seel ion I. The City Council of lhc Ci 1y of Englewood, Colorado hereby ou1horizes
amending Tille 7, Chapter I-A. Seel ion I. <)f 1he Englewood Municipal Code 2000. 10 rend ns
follows:
ARTICLE A. DOG S AND CATS
7-I A-1: Definitions
For 1he purpose of 1his anicle. cena,n 1crms and words are herewith de lined u follows :
Adjoining Owners, Rcsidtn1s: 111t owners and residents of lands thal ore supponed by o
common boundary line.
A11lmlll Shelter: Any~ ~designnled by 1he Cily for lhe purpose ofbonrding
and caring for any nnimnl Impounded under !he provisions of 1his article or uny olhcr
ordinance or lnw oflhe S101c ofColorndo.
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A/lack: A~~al. "''HhPUI pF0"'8~Bl191l, inoludrng 11:e delimlien r.-em E--!ioo ~ I A I Q(C) riMC:, ai1•s Pr allaelrn huarnn eei11gs , er 111 ,, · ·•••~•H+li!F alla<lks.-Or •1•pFeaehe, in an a1,pa,en'. 1111i1uEie 0fa11aok, a perse11 AA)"''ABFB wnhn ;hi!; CH~. BF a deg BF a·,1 1ha1 RJns ef1er a1•d Imes, hafk~~~ animal, eie)'ele ~lltelo hein6 FiddeR er dri"'en u1rn~11he s1,eern , sklewill~•hlie grAand er a1her plaoe epen la the gene,al puelio 1,•i1hin !his Gil)'. Th~ ynorovokcd hi1c or;uai1.aion g[\)j)djJyJuuux.i11,1.~ on auYJJUOJQP 9.t.QQlOCStic.aniinaL
Bodifr Mm: Any ohy.1kl)Linjuruhauesu~s.,in severe brnjsjoi; 1 w~~
~nU$lllli(ingm:ofessioo~l,puncdical 1roa1mcn1 or an;:11l1m~LillllID~
[£QUjr~~ !i9I[CCJ j;;p_QWSIJlCIULll.~
Canine qn<i feffne Oceerf;r: ~:t.llllGRD who Q\ltsi.<l.\\.lli.bis.n:l:lllilL.1;,mrsU\f
emoloYIDcnt js breeging_nurebrC;dJ!w:s,.pu;a1s.m,an a11cmn11° jmproye the breed
through controlled oropagruion. thu s..achjeyin g carefully desjrcd qualities andtr;aiu.
Car : A domestica lcd carnivorous mamm al Fc lis Catus, This does not include any fclidac
not domesticated suc h ns lion , tiger, wildcat. elc. which arc included within the
provisions of Section 7-IC-3 EMC.
~: An\! do2.owl.adiudiw)1.eg as "At -Risk" 0c "Dangerous" shall be cJass jficd
llilllChJJUtil.declaillfi£d.
A(;Risk" d11im•l..=..AnY,,dQg or cat 1hat ;
When confined is found..lQ menaC4 chose disolaY.Jhrcateniae behavior or ffffiffiiye
· )IDl'.isc 11treatCJ1S.w;ndaui:cuc.sak1Y,,Of any oersonwtule confined;o.
Rcg,caled\y..ruJIS, al large-or
~hil.£.aUarnc, is found 10 me.QA,e.,chasc and djsplay threatcnjn• or aµgrcssjyc; bcluw2r
in.JunooncLlhm _ _gtherwjsc threatens or endangers 1he safety of anyperson or
g™tlc&e,d nnimat,
~<!l:PJJ.S.::.tJuwm -·1
Attacks a ncrsop or domc,1 jc aruma~111sin~ury,0Lllffi\h;JlL1>$1J!lY~
llI!W.cati.on.in.JJn.'UlllCLlbaUlli.1SQJlilble person would be li ~mss:~all.Ullll)lllcnl..lbrca.t
oL~ilili\1J'Y..llulcJub..l\U),cwmSJ1r..domwc.,1uimals:.or
Dog: A ca rn ivorous c!'lmest icat ed mammal of th e canine specie~, Ca ni s Fam iliaris and
the producl of Can is Lupu s having been bred m Cni•is Familiari s. TI1c following arc
exc luded from and arc not a pan of this definition: Ja cka ls; foxes; and relalcd animals:
nnd wolves, anis Lupus all of which co me wil hin lh c provisions of Section 7-1 C .l
EM .
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• t w~aft' l\ieh ahemeuue Ill • yn,eledegerea · . 6 '~,e9 •1:ate l>'e11•e~: nfl. . a lieeA-Sed Y&IIFIR8:R&1\ &A
Dog or Cat. Female Spayt,d: '"'l fe1Rale deg er illll &R .. ·htoh OR 0•111Fi111eH1)' or e•'tfloh)'Sle,ealoeiy has beeR perfeFllled ei• a liowed • e1en111nan 1Rd uoempaniod by I eef!llloale a,;.ellmg &11oh opero1ioR lies heeR perfeRR eib fsmale animal with oxaris rcmovcci. Dog or Cat, Male (Ne/ Neutered): Aflj' dog or ool ef,r,oseYliRe geRde; upon whioh tie nllar,1ali"'• GYFgBF'J' ofme g,m 'lal organ1 ha& been peFfermod, A GAstmlr4 male animal
Dog or Cat Owner: ,te.y p91'60R J,eapi11g, hartl0Fi11g er M"'ing the lilll or lalllporory Ollfl
ofa dog or eel al me 1i1111 eei <iolalien eflhi& llliele i5 eefflfflined . A pgsop hayjng the
rieht of nroocrtv or custodv of an anirool or who )ccegs or harbors an Mi mat or
knowlnslv ocnuits nn animal lo remain on or about aux orcmiscs oocuaicd ownedor
control I ed bv that nerson
Dog or Ca!, Stray and/or Rwu,ing at IArf• (prlyq(C PCPPCaili ,..Ill deg er eel wilhin i 1111 Cill limi15, OYliide ofe"'RIFII propmty1 11111eee111p&Bied It~ ou'llw Ill defiaod hereir-
NPt ohuicaH x rqtrp.ipgi or undw reuoMblc E9Ptrol in an owns;'s ncsroi§s or xebicle
in o maoosr that ohvsi9fllx Prevents the onirDII fmm leaving the premises or vehiclc,,gr
tSOPhiDR MY pybljc; DCAAI·
Dqg or Cat Strav and/or Runainv et Lqrgg fnubllc eronecoo; Not under reasonable
&antmJ and ohvsicallv r:woiwx1 bv a GAPOble pgsgp wbm on public; pmpqry or anv
oublic area bv a leash. t1MF or oths vhwicol device with the cxcg,tion of daiwtM
off lash aad<•
DomWicaced Animal: Qos or cat or onv othw ooimal kent as a household Pel or as
~
&,e01 frqqfEadwcc · An cpclo&r4 m WI will oomnletclv wnfioe the animal in a
km run yard or 0\h« mase wruch wm adqruat•lx prpt;ct the ernml pubJic rwm
IPPdxcrtent W 0$UAI SlPllCl Wilh the aoimol
€iri619IO\' &,Iii,· Ha•rtt1 Bedil) iRjw,• 1 kiol\ i1welY1e e &Ybslanliel Fisl1 ef deal!-, eeFioU!I
!lfflll&ll8ftl diefig,,Hnienl , er pFolfaoled Iese er impairmee1 er lhe A11101io11 of••Y pell Of' •rg•• ef !he bedi,
Guard or Attack Dog: Any dog tnincd 10 auack a person. or ocquin:d for the purpose
of palrolling property or attaelcing any person. Aloe ieelYEled ia &Ill deg ""h••• aelleft5
ha·,epFe"'ieYslyFesullediaaeeR•ielieRef '19e 110,efa •iola1iP·.,ef6001ien? IA JQ
&4G,
Htibll, 8,eede,-. l\!lj pllP.IOR "Yhe , OYl5ide ef llie F8gu\llf OOllf!le ef ''"Pl8)'1ll81ll, is
ltroedieg purob,od doge ill a,1 atlei!ljll le Hll!lFB"'t me breed ~lAIYgh aee!A!lled
propagaliee. 11Mi!1 aehi,,,iag 1111 eflill) d1&1Fed lfYtlilie& IIIWI Rill.
Ktnnels or Callery. Any place where dogs or cats arc bom, bred, raised, boarded, fed
or sold, for any valuable consideration, but shall nol include a household which sells
o:Jy the offspring of o female dog or cot mnintaincd solely os n fomity pet.
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~ A restrainins device made of mclal Plastic leather clolb gr a @mbination of lbw ma1si11s that whso Oued and CMlcnW om a snout/mouth/had oreyepts the dog fmrn biuo@ but allow, room for 1he dne to breathe and nam ood mu!I POI cause iniucx 10 the dog or interfere with its vision or rcsoiradon but musl Prevent it from bmng anv pqsou or noimal R,,bi~; A "IRU eeeuphalihs, almo111 alu'i)6 ral6110 l,ol!i •uild a,,d dome&he 1111iA111l&, lliel Rl&)' et=leel 011y warm blooded &11i~ meal eemmoR IA eeff.i""'"" end"""' wo,ld hale. In ll1e lJBi1ed Stales, feMe&, elrullks &Ad r;ieeeeRS ••• Ille Rlajo, wild eo;Aluo1e hosle,
!hough demeslie dep Md eals -iA Ille mosl illlpBt1aftl &Oliff!O efbumaa IBIPB6llfl,
Serious Badilv Jaiurw Bodilv iniurv which 01 tho time of the actual iniurv or
1ubseoucptlx involves a substantial dsk of death serious pepnP.;,em di§figµrement or
nmtn1e1ed Jm or im2tiwso1 of the function ofanx nan or 9TRWl of the bodx or hgoc
breaks or fractures
1 J.• 11 lwa ■iag 11 Lll'ge P,eilil4ed.
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i:>ep al Large.,, el!all 1,e 1111la ;;ful fe, 1111y O nAIII 8f f!IMOII l111•,,Rg lhe 08f8,
011e1ody asd eenlfel er lll!Y deg lo allo,,. eueh deg le P.lll al la1ge i11 the City ,
i::e, the p~aee aflhi<; &1!81ien, a deg &hall he deemed le he RIMitie al iefge "'ftl!B
a!f e, a •) r.a"' the p•emieee efll!e 8"''111f, pes5116&Br er lieeper llloroef lll!d nel oe
a lmh held hy a pereee aele le eeelfel tile dog,
Paf91l'Oph ,•. &haU eat a1111ly 16 pile! plffi p;egAIJB6 a1111!efiMd e,• ea11Beil
H691\i!ie,i,
i:>ep eat u11de, ,waeehle aeelfol.1! shall ha llllle l'Ad fer tlte perue ha ,ieg lhe
... ,, IMlstedy 1111d eeolAII eflfl)" deg, le 1101 mamlilie that dog lltlder raa,eeaele
eenl,el. Nei.,itll6t&11dieg iff!Y ef t¾te p;eoieiene ef See11en A, e deg ahall he ~eemed
11011111de, Fl!Beenahle ooR!Fel .,.hee ae,· ofll,a fe llewing eendilieno eeellf:
+. The deg illilio15 llamage e, illjllfY hy hilii,g, j1,mpieg upen, pelllllillg
oeg0101ie11 e, by ""Y elher me01111 whalaee,er, la lhe pe,sae erp;epeFI) er
&R'.fBBB elher th&R ~,a e•,,;ne,, ••&epl ,,,here lb• deg eels i.n Ille defense ef !he
e 'Iler, hill lemily Bf p;ef!eF!yl ar e•eepl o<lie,a lhe dog is under the eaa!Fol
llfld •e-d eh peliae ellieer 1a Illa ee1H11e efhiwl!er duly,
;i, ln Ille erui e er &11)' un1pe:yed HJmele deg," laile oeid deg io in ee~us Ein heel
er ill seaaeR) 1111d 1101 eoOllfll:y eenll111!11 ie the B""!lB~s ye,d, pen Bf other
eA8ffl5lff♦•
~, Ge11, II ellall he unlawful fer 0~1y 0•1'fte1 efe eal 10 ellew eueh eat 18 n111 el large in
~ la eoeeme er lll'lllllo a e11ie&11ee, >lel,..iY!el&11ditlg ••, elher p;e ,ieiens
efthi1 &aetien, 1 eat ihall he dee111ed le ha a 1111isane1 • •hea asy eflhe fella.,,.ing
eenditions o-1'1
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-1-. +ke-eaH11~ffiltge er 'RJ"r, h) h11111g.J"mr1t1g "ll""• pell"1111r er ~~ aay elher moans ·olu1110e er. ls 1he pers011 er~~ a11i·ene e1her 1han ll,e 8" 110,. :I. la lhe ease er ••Y ""spai·•d female oal, kile &a1d eal 1s ia es1F11s (1R heal er ia seas011) aad HAI seou,<111· oealined iR Iii• e 'RBFB )'Ard, peR er alhef t!!ieloout"& l:JAJ• II §ball b1 vNowRJI &c@A" dee er &Al ewner I@ aHe•• 5V0h nnimal.J~UD
::AU\,nlt" er "'Qencereu5" h@bfl ,e&
~ 0 At·Risk" and "Danrswvs" Rshe xlor ProhO>itsd
A. It shall be unlawful for anx dos or cat owner 10 allow such nnirnal 10 mgaec.in
0 At·Risk" behavior
IL II sha ll be uol@wful fnr aux dos or f.ftt owner to allow such animal to enpoge in
''Dangcrouf' behavior
l.lA.J: Iuball be unlawful for onv dog or cat owner to nllow such animnl 12 run at !Aw,
~ ~:~-
~~plawful for ?PY dog or cat owner 10 1tther such anjmol except as pennjttcd iP
i. Tctberioa er noimn!E shall be limited to P9I more than six (6) houq in a
twentx..four C'4l how period and not P¥?re than four 141 houg 9941£CYtivclv
'-' Atelhcr must be 001 leH lhao eisht feel CS'} in lenG1h but must be such as to
restrict the tethered aoironl from cncmachina WJthio six feet l6'l of anv
nubJ~sidswalk sa;ct allex or nublic M un1cs1 RJGIW within, fepcpd
arco or within two C2l fess of an unfepced omPGUY line,
J,. A lcthcr must be of adcaunte si1& nnd strength to cffcctivelv ro1rain ~
aniowl Toe siu M4 wci vht of the tcthsr must not be cxcessixc ond it must
be atl8cbed tot~ .. emIDPI bv a omperly uonlicd co!lar halte: or ha"1W..iml
~";.st so as to Protect the animal from ioiurv nnd prs;vent cmnnslcment
:A"i1h othw obiects and/or animols
i Arumals classified 11 "41-Rjsk" or "Qangqpus" shall noJ be 1c¢ered n\ any -7-IA~ ~: tmpoundmcnt of Auimnl~ at Large; Notice, Disposi tion ,
A, All) deg er 1111 er deg,i er eal5, fe1t11d Alllftlflf; el lllft<l a,1ilJ0r erealiag • pul!li&
ft~151111ee, ind Ill)' degs er eel& 11111,jeeltll 10 eF11el lf8illmffll && epeeilied in See~"''
7 1.0 7 2 ll>4G, ma1· be l&keR h)' Iha Ci1y and im~elHlded In lho II oheller
Mgfl!Hl!6 ny 1he Gil)', Any dog or cal [<lijQd QIQl)ipg Ql 1nm may be lBktp by lh~
Citv and imooundod in a shelter dezumatcd h~
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• 8 eounod hi· 1heir e,'" aers 88i;rHltn H[B_'jded, ittlll@MIJW:d Ddegfi 8, ~;,•~e~~I 1~;.r;~911ee eFlho Cny ::::r:,e;;;: !~ bwsieese _de)\9 ffl8)' m(cctjon 17-IA-)ll . ortba1 arc dangerous 17-1 A-I§} cats subu;ctc;d IP B. SHGPI H b@reiRa8vr 7 J ~ 9 eel& a t 1 · • -· --agd l1G and 1~1,1 rcleased 10 ii§ owner any ilPPPYDdssl 01 Ja,ge dog or ca1 mav":/e1 ",4~oec1c;d or rabies __ ygop P?YDlSPt of fines and ii ~--:-s auastbxand c _eg at • Y1olp1 in"' n,, • .,,,
. Elogs or eel9 feand AHIA. -eRI dispesed r b . h !"ll &I largo 1118) be elai111 8'1 b . h · Impounded.~)} lU c,, .. mePI fer PO@ffll•b 7 I/ t·~ nu,.,9,-5 befero lhey
. •· grgc dogsand AAI• no1 1 • • -@A Is G @~ may be 4mm¢ ofby ibs Ov . ca!med by owng wjrhjp * b~ I .. JO ODY §YUlble PllDDS _Y$11lCS$ daxs
O. •, dog or a eel eabjeelee le en i&hell nel be released 61111 4181 1real1ReAI as 6~••ifi•d in Saeli en •
E.
F.
A ehafie eferaehy 10 do and l'f9"'•e beyeed a reaeeea~e dew:~oW:der Eeetiee 7 IA 7,2 814C 8811 nel be
(Bl 2 8HC b b Blillllen&Bee iY&aes d shall 1hi;;t111;;·e een ~alisf.e1orilr rereedied:;;11 llf> er ~ee~on 7 I A
MUdl' 7 I • 7 Bit~re ·,e,en apply le WI Ioli •£•;.•i:~ne :•.re~1e_eeee . -----· --·--ffl JOO H@IDOliBR
Eridence pfcurregl @bis . . . dog$ or r,ats Yl0ilPAU9P IS required Rdor lg I f ' re ease o 1mPPYnded
+he City IMY lflllllfor lill• dj9
. 19 UY QCl19PDsl such gniro•J ID¥PrnibJP ofauch •niro,I i•
muv coc and return the uuimot to lhe o:i~ not be imoounded, buuuch ocrsonncl
When a doe or cat it found . known c· runmov at lame and
Wlten degs er eels en . . peree .. el
8
., h d Hlt!Hd ram1t11t: el large en~ u, 1 ••• . !he e . • eeg, er ea!s ••ed net h iAl e r e wnorsl•p is laie•l/ft le Gil . -~:::~::.7.: :;~r.::if'.:'::;: :::::.::~.::::::. ... '
IDtCIY UP9D lfflP9YDdior D d 10 e. rcasonahlc effort 12 · r pg pr cal lb• CjtyshaU t . condilions whereby:!'/ lhe owner 9f_sucb anjmal nnd uforn~@ !; n•H1•lc a wner mnv retom custodv r h . sut _owner of the o sue ammal
G. lnlmeElia1eli upon impe1tnd1!lg dof151)• ••••. IR e Gily sliall mehe e 'Of}' J'OS!iible, ,easaeable efl'eFI le RBlif) ll!e ~u•nefi Pfsueh degs er ealll Ml i111peu11ded &Rd i11fem, iuel! 8"""Fi efl!,o 88ad,11ens • •l,8el,y ll!•i may ,ogem auslady afsuah degs e r ea111, Imooundmem Cw for dm and cats shall be set bv Cuv Council R§olution, 11, lm"oundmeAI !lees fer eega Rpd eo1uball be §91 P" email RB&eiu\jep. -1-. Qegs. l;)oge iff11!e u11dod 1111d e01 nelaimed hy ll!e en ee,.pu1Gua&11e
61185801100 A horoef, may he roleased fer edep1ian 1fte, poj'ftl eet afa fully
dollar ($40.QO) edei,lien Ale hy lhe parly edoplieg 11i d animal . FiAelR
dalla11 (SIS QO) eflh• fefly dollar ($40.0ll) adop1ion fee ''.'ill he A!Nt1ded
upon preee111e1ioe afpA!oflhel IFle deg bll5 been n~u1ered (&payed) 1,y a
~ uolerina,ian ai,d h88 reeeived a auR'enl ,aliioe ,·aeeillaliea
Meu1e,i11g (&paying) &11d • aeei11e1ion mliSl be pe,fefffted wi!hi& lhifly (30)
da)'tl er adop1ien e, by lhe 1ime Ike adep1ad ooimal a11ains si• (6) meelh!J er
age,
:!. GIIIS. C.IJI impeseded aed eel ,eel&imed bi• lbe e ·'lier, p11F6>ill!ll le
aubaee1ien A hereof, lllllY be nlN.ed fer adepliee tl\er pi)'ftlBel efa 1·11enl)'
dollar (S~O.QO) P.d~~lion fee by Ille parly edepling eeid e,~mal. FiAeeA
della,e ($ I S,0~) ef Ifie 1w111ty dallllf ($20.00) aeepliee fee wrn be nfileded
Ypen p,esoelalie• efpA!eflhlt the eat heo been 11111\e,ed (&Jl&)ed) bj a
lie wed 111ABIIHl8 aad hH reeei ,'N: a ewnel ,Hiee 1&eeift&tie9:
>l111111fieg (epa)'ieg) aed ·•eailletien ma he p!!RSRIIM wilhiB !hi.fly (30)
da)'I efadep1iee or by Ifie lime Ifie adopted 8tlimel a11aiM eui ((i) meellie er
age,
7-lA-4-,g: Number of animals malnt1loed on premises.
No household, place or premises may have more than three (3) dogs and three (3) cats
vcr six (6) months of age, but in oo case shall there be any combination of more than
4) banimals.
acclnation Required.
lt shall be unlawful founv don or cat owner to foil to vaccinnto a do s or cat as required
in.this section,
11,e owner of each dog or cal winch is sue (6) moolhs of age or older shall cause said dog
or cat to be vaccllllltcd against rabies with either annual or three (3) yc.v rabies scrum.
Such vaccination shall be repeated therc.1ficr es required by the scrum. Dogs or cnls
shall bo vuccinutcd by ony veterinarian licensed to practice veterinary medicine. A
certificate of vaccination, in duplicate, shall be comµleted by the veterinarian, one copy
lo be issued to the dog or c.<1I owner and one to be retained in the veterinarian's files.
Any dog or cat in the CUSlody of the City shell be released to the owner of said dog or cat
for a period of tune not to exceed five (S) days in order lo obtain the vaccination oflhe
dog or cat
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7-1 A-6 ll: l'ol~onlng Uogs or Cats, It shall be unlawful for any person to poison any dog or cat or lo distribu1e poison in any manner whalSOCver with intent or for the purpose of poisoning any dog or cat. 7 .. 1A➔ 2: ~)' to Qegs I .Rd C11s. co,cJlY te 9[ Nultd g[ Pers tnd cu,, A. It shall be unlawful for an" gec;op to kill, maim, disfigure, torture, tonnent,
neglect, beat ~ bum or scold with any subsiance, or cou.,e a dog or cat to
endure unreasonable or unjustifiable pain, suffering or injury,
1L 1Lahal1 t?G uolewfid for anx wson to anta@nize intimidate 1hreatsn nhusc or
yqbo)IY b&IU ADY dog or r,at,
B s;. Cate and Maintenance. It shall be unlawful for any pc:,son keeping or harboring
any dog or eat to fail or refuse to provide such dog or eat with proper food, drink,
shade and shelter, Proper food, drink, shade and shelter shall require that:
!. Each dog or cat shall receive an adequate daily supply of clean, fres h food
suitable for Ille sllfl11,e ef ~ iii physical condition and age
sufficient to maintain a healthy love! of nutrition.
2. Each dog or cat shall, at all times, have an adcquaic and te=sible supply of
clean. fresh, potable waler and such water shall be provided either free.
flowing or in a clean, stable reccptaele.
3. Eoch dog or cat housed outdoors IU \Shercd gutdogrs shall have convenient
access to appropriate weather and temperature-resistant sheller throughout
the year. Any shelter shall be s\lUCturally sound, clean, adequately sized, and
maintained in good repair to protect the dog or cal from injury and from the
clements.
4, The hvms area for the dog or cal shall have adequate drainage such that the
dog or eat shall be free to walk, sit, stretch or lie dowo on a dry surface.
iarsrnol nboll be rc,nw 14 dail»
5. If a dog or cal is housed outdoors, in addition lo a shelter, it shall be
provided with an enclosure lo minimize risk of injury and lo provide
sufficient space to enable freedom ofmovemenl ttnd exercise.
§. An animal max not ha Ploctd or ooofior4 or allowed to be olNo4 or
mwfined or ,112::mJ to TPD!P in 10 unaueded YSbids without 1ufficient
_, ~ xsnil•UPP or ypdg wosUi0os or for such period o{tjror •• PlllY he expected
.II ~\W :J-. Ill •mlilPRGf th• hcphh gr weH-)>s!pgo[ rucl, •nironl guc IP htJlt l•cls ~f
tYY ~;F~~
\ WR the omounl of force ruisooablv oeccss0rv to remove the animal.
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I>, I he (:1ti mai · w~,· a cl mtd 1 be 'Jllll£c~ d ~ !fOlJ.WJ.Le~ ·a mJllll. dcscril,'id.L_n.Jh1 , 101 · u \ IQ re J.ilil!l.llJ!.ul!l!J11~l w1tl11 11y 11ia i ma l in a1u sui t,\];,Jc roaiu,_el,..lf, p1 c1pa or cal, 1hc nn iw~l .sh~mlLln 1l ~r <l~f U1il1,\lc MuuilapJl) Cm1 rt ,.a1U'rdcr..finliiJ1g,~i.llw;;
...., ...... .,,,..,.n=~-utl.find . ,1;cjru1cs uade.t
nd.,C l\OOYC have b ~~~,;munlll
ma y be rcleascdJ1l2Q/lP&xment ofofl) ndimw.lld1J1CllLCfilli.
.t\u noimal,iumoJ.1ruwd,11 ndcr the groyj •rnlllu\ J1i\lli1.S.Cfti.lm
slrnll no1kr,cmmed 12 it s owe u1 · d or io any_,wil.il.bl£
lllil@eou the dj scretiPu of 1~
7 IP 8, Resu-i<!H(lu ,a end Regulali eHS ,',ppli ee llle l e Degs,
7-IA-8 11!.4 : Remov al of Exc remen t ; Dnm nge to Shrubbery or Plan ts .
A. It shall lie u11la wful fer any perseR iR pessessi011 ef, barheriRg, er iR eharge ef e11y
dei, 10 rer..se er foil te ,eme ·e fe rtl1>vi1h , eMare11'\eA1 depesi 1ed by said deg ap en G
ea nu'A0111hor011ghfere, s1ree1 , side>vall,, play area , parl, er upeR et h er pua lie
prepeny, er upeR pA \'ale prepen1· u•han pennissinn efthe """'er er tellaRI Afseid
1ireparty has nel beeH oa,ai ned . lt shall be unlawf\!UllLa1w do g or cat gwper ~
fail ,mimmediate)vremo ye excrement msitcd by saicldg g or cm YP.911. n rnwi
IJw)u !!hfil[C..sJr.m sid ,»:a lk nlnx ilt~or 111ww thcr n.ublic.,oroneox.aud
s11cb..ishcrcby deemed IQ hs a publi£.ouisa nc.cJ1ruLP~
B. Ii shall ae "11la wfHI fer BA)' pe,se 11111 passess ia 11 ef, harlleri ng, er in ehari:e afaay
deg 10 rar:a se e r fail le remo ,·e •*erement aepesil ed h)' s11iel deg "P81l pri .. a1e
1m1ieny when permissia11 afthe B"'Aer er lanam efnaid-fFepe1l)' has heen
oa1ai11ed ,,·ithin kl Ft)' eighl (~8) haurs after bei11g de110 si1,~
deemed 10 lie a pull lie ""immel! aad pr0Ailii1ed . Dag "*ore1,1eat shall net he plHeea
i11 s1arm se"'ers l,"1 shall 1,e ,li,;pese,I of in a suni1a11· mam ,e., I c l nl· i1
fQJ a1JY do.i: QLCill Q,\\'.lltI..I\LfoilJo i mm edia~ Clll.Qvc · · · • 'l' 1 d
>a 'd t • C1ICaU1prJlJWi..Jll:ll~ol c
C. II sha ll be unl :1w fu l for any~ ow ner, ~r-1,er.snn wh o keep s n»y
<let 10 pcnnil such dog a , wh eth er or 1101 ni11ni11 g al lurgc , to dc.<1roy. damage
or inJure any shmbbcry , planl s. nowcrs. grass, lawn. fence or anything what soever
up on any public pre mises or upon any priva1c premi ses owned or occ upied by a
perso n othc · 1ha 11 1hc ow11cr, po ssessor , or keeper of such ,1,,~ or cnt . midJh,aH;mH~
i!Hl~ ~oo;m,ttil;ite!h
Pd ~,u1awMJ.Q,.gj_ac.c m r c.~1\Jn · mL v _:;.__Tu) , c,
~It 11.li~ ~· a0cmaiu,;r.
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&.. Aov dog or cat owner ~o the lot oroncrtv b1.JBdins or olhcr Places on the owner's PCPPGOY io a clen ADd IADilaCY condition: twl:fihnff )' shall be UOIPwfullo fail to woove and dimose of an excrement frem the.»Fffflt::e at leas~ Wttfi eycry SCVCOJY.fWP (22} hours. l;lA.U.: Proof pf surrsnt Rabin xass ination Rsouired for ders 1nd cats. A,. ADY dog or C.tll which hi HISX'&led ofhariAG rabies or which bM biltcn 'person or
other animal and does 001 hove , cun;ent vaccinatioo max be imooupdql in cithq
n shelter or under lhc suo,crvision of n licensed vcteriaarfon for obseD'@tioo All
foe for sush imPPundine and observation sh@II be naid bv the owner of such
AlllllW,
IL
.L Anv dog or cat impguodcd under the omv; ,ions 2ftbi1 Section 1ball he Plaai
in a suilablc facilitv ovd auorantincd for a Period of oat less than ten CIPl davs at the exPSPse of the owner If the owns ahows oroofo(cuq;ept mbics
YP£&im1io0, the oniroal max he reles;d into @hies awmotioe I\ the ownr.LJ
residence \Imm CBWst bx Code EnfoCPGJPenl sr awboaud d;,,imee the
owns aholl make the onimnl availobtc for examioarion 11 ADY lime within the
auarantine ncriod to dctwine whether the animal shows mnntoms of rabies
2.. Anx doo or st impou;ndei under the Pmvisioru; of this Section §hall be
destmxed immslietelv uoon dctrnnination that such dgg is infectM with
WW.
Doss or cats known to haYF beep bitten bv or exposed to a nhid anirnnl &boll be·
J. ReJs;ase;;I UP9D prgofgfcyg;ep\ immunilrAIIOP and bog§lq inir&Ji9DI 8tYffl
administered bv a licensed vctcrinarinn Prior to exposure
QB
:Z.. lrnmcdiatclv dcsyoved uooa dctwinouon b> a licensed vcterinanan that the
lllle or cat Is rabid.
7 V. 8 31 '.f:tgHd Cellu Req•iFed,
{;., The owner of any dog SI.WI shall cause to be placed upon the neck of such dog
Wal so owned, kepi or harbored, a oollnr mode of durable material, having
auachcd thereto a metal tag showing that the dog l1L,'1!I has a current rabies
vaccination, 1ogcther with on identifying number lhe:con cocresponding 10 the
number on the cenilicate of vaccina1ion. The collar with the 1ag attaehcd thereto
shall be kept on such dog 11Ul11,at all times, lYJJw the agimnl js off th; owner's
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7 l,t, 8 31 Robi e. Su~ed llilieg Dogs A Ally aeg •hieh ,s suspt101ed ef ke• ·itig ,abil!!I, er , .. , ,eh lwi bllll!R o peraon er ether :1:11111111 may be IHlflBUAded either rn !he peunck,r 11nder die ••f!e1•,.isi0n of o lieeneed ·ete,iReria11, fer ohsep•a1iee All fe115 fer suilh impu••alng llfld ""--• shell he eharged 18 1he o .. no, ofsueh olllflllll, +. Afty dog ill'.f!Oll!lded undor lhe fl"' ii111ens ef !his seelioe 1h11U h pleeod IA a
suilall!e-fae~a period efee1 less lltan lee (10) day& a1
lhe &11fl811&e oflhe 8"'""'
b P4¥J de~ iffljteUAded under lhe p,e ,"9ioll5 ef lllis seeliee oh&II he des11-eyod
upen delerminelien thal sueh deg is i11fee1ed Y"ill! rebie9.
B. i:>egs IElle 'fl le ha• e been hiH"" or eMpend 10 a ,aeid O!liJl!Akltall4M,;
1-, lfflmedialeli deslFe) ad upee detllf!BH!eliee by a heeAsed "'elerieoriae 1h11 the
deg io raeid; er
b R-e leee ed upee preefofiAll!lueiwuion 81'd heoeter ifli oo1io11e gi•en bi o
lieeaseEI -releFHl&Aan.
7-IA-3 U i: Records and Reporu.
Tho City ~rjzcd dcsjgnee shall mainlllin a record of all animals impounded
together wilh all foc.s collected.
7-IA-3 U-4: Guard or Attack Dogs.
A All persons owning, harboring, or controlling guard or attack dogJ as defined m
Title 5, Chapter 28 of lhis Code, on premises within this municipality shall contain
such dogs in an enclosed lllQ for lhe protection of persons or property That
enclosed arta will completely confine the dog in a kennel, run, ynrd or other space
which will adequately protect the general public from inadvertent or casual contact
with these dogs. When such dogs arc talcen out of the enclosed area, they will be
held on n suitable chain or placed in a suilllble container, under the control of 1
responsible person, to ensure protecllon of the public.
B. The owner, or other pcrsons m control, of all prenuscs upon which guard dogJ arc
maintained shall post nigns on, over, or next to all exterior building doors, gates
and other entrances, staung that such dogs are on the premil>CS. If tbc allack or
guard dog(s) Oil said premises arc owned or maintained thereon by any guard or
security service, the signs shall also contain lbc phnne number of sueh service. No
auack or guard dogs may be maintained in thiR municipality by such service unless
the telephone for which such number is posted is maMed by responsible personnel
twen1y four (24) hours daily. Such signs shall be posted in lhe same manner at each
driveway or entrance way lo said building and shall be black bordered wilh lhe
words "BEWARE-ATTACK-GUARD DOG ON PREMISES• wrincn in red on
a white background. Such signs shall be viJlble from the place of posllng to the
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C. cu rb of1hc st reel nliu11m~ 1hc sign, or ;1 d1s1 ,111 cc of fifl)' (~1:1 (50'), whichever is 1he lesser. All pctS(IO$ owmng or eontrolhn~ nn nuock or b'llard dog on 1hc premises will-Jo 1h1s mun:c,pality shall firs1 ob1mn an allack or guard dog license pursunnt t!I Title S of chis Code 7-I A-ll J.tS: Barking Dogs, Flarhooin~ Prohibited
No person shnll keep or harbor a dog which by loud or frequent or hnhnunl barkmg,
yelping, howling or whining shall cnusc a serious annoyance 10 !he neighborhood or to
people passmg 10 and from upon the streets or sidewalks.
7-lA-llJ.4: l'olicc Dogs.
II shall be unlawful for any pcr.;on 10 w,llfully or nuliciously tonure, tonncnt, beat, kick,
mutilate, injure, disable or kill any dog used by the Cny in the performance of the
lunc11ons ond duties of the City.
+ I A 91 Reslril!ll&t~-
7 I A 9 l 1 9u11ge 18 S h••bhe,y er Pl&als.
It &!1&11 l,e 11111a .¥lid r.i, ft!IY 0· 'B!f, possl!!"seF er reF5oa ae lee.ps Bl1' eat 10 pellfti1 s•••
081 , ,,~,o!lher or not AB""'lt el laigo , 10 d11ow 01 i d-ge or iHJ"'" ""l &lwbhllf). ploe1s,
AB""0F91 gf855, IB'l'IJ, reeee erft!lyt'>ieg" ~•taoo ••• Hp8R 8!1Y poblia rAlllll985 er uron atty
pri 'ille pAll!ltsos o.,,,,,d or oooupiod hy • peF!!OR o!her lh8!1 lhe O"'AOF, p0snss0r "'
l,eeper er oaBh 001 , And !he-• i, ho,el,j dealeFOd la ee • publie RHl!IIIIKHHA8
~
A. +ho •••nor ereny de!! er 081 ,hell 1,e ritiip8R!lible r.i, &Rj Bllael, e0nu11111ed by 1he1
deg•• 11;11 ag.liMI aey prepeny, R!iil er pe11!0eal, Ii ·• BF i88fti1111111; er MY hHman
being. Ypon bemg ooe ,a1,d 1hereJf, the o , nor is suhj881 10 IM!ing pu111shul "'
"""8Rlenoe 11ilh lhe peaah) sel fer1h III Soellen I ~ I 0f!;nglo•ood ~h111e1pal
~•. 108S.
I,, JlriOr-t>''Qukf.,..if-a~~~f
mt)"l!IK.~oks era 1101 a Elefanfi6-lO-OH111 ele,nenl of lhe offens,,-il~
·~· l'ft!fE!<jUis,10 re, R 08~'"18!ian: h~• •• Bf, S ,eh 111AIIBFS "'"Yea
ae11side1 ad in 1iu1iga1io11 o, oggra ,,111i01i ef ~unil;hme,11,
G, 1111,,11 1ho aua0I, 8B811FS oR ll>o dot; or BBi awner!s pAlBIISOS.-IHRil,..htHttt
aAlfffllllt'"• deroo,e 1tia dog or 081 .. as pral@Bllt',g 61leh pronus,s or 1he Ft!S1don1 of
tiUBh prern,sl'S. llo•neuer, ,hoR lhe allael. ,, egaiRSI • pe,seR v he enl@F& lh•
a, 11or' .. er Fo,11doHl's p, ,Rlisl!!l lo 0011due1 husrness er feF a soaie l • 1s11, or bi•
i11¥i101i0R of 1ho oweeF er ,esidenl, 1here io o p,i1110 faei• p,osumplffi!Hfl{IH!l<Hk!g
--., .101 ~•01ea1i11g i1s pr•11w
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9 Plllt Pr2hlhlJ£d· t:,,. u shall be unlawful ~ BS Provided j Sor. DOY PS[§QQ 19 9 ll. nubseruon u of thjs sJ~;c harbor• "Dangerous" anim.a! All owner of a dog o, G•I ..$1...W would be deempd "Qangethat ;,as been 9djydjca1ed as . shall register sajd •pjrnal Cl!Y~ as •~I forth jg thh Cha hay,ng conynjlted OG\LlhlU r wu the Gnvea "D , pter IP auy other iuri d. · ... Jb• owner of an . angerousammar;. . s ,c,uou
lblt dog y ?08 or GAi §hlH be . or cat nomst nnv 9 csooas1ble for anv da pcngn or domcstjcaJr,d anjm'!'f"" WI or geoonal Jive IJ)•ge _commilJed by n . . PPDIPJJDIIS orpny
~ It IS IP affirma . the UYC defense lg th harv Rffi900r@nirool tbat WH e~cof"N·RiNkUor'2
_, ats1 IO nrovoke the · mA m: l1.ilut us\ wson•bJy calculrn attackm• tbs ooi 1
OPHDAI lO PttQCk or
" Unlawful! y CPKAKing in . tbs or:smises n . emlfY mto or upon ~ -J oomnmment with · b' -oouoml er Meieoed . --___ m w mh the a · --·---eeo1en ef
J. P~1•wfill!x enga&in• j . mrool was JowfµJly l!eoi-or
nmmnl wu confi cJ. 0 EPl'Y mte or in or . --"-or .. upon a vehicle in which the
! Hamsiue tbs enirooJ· or
~ AssaPJrine a;,otber ---PS19D' or
~ Attempting IP ston a fight bet . Z. . weep th• •mroa1 and •oY h .
Mewmms 18 ad th •
01
er aruma);or t _c ammo! when · . . .8. A . u was mu11sd· or
ttcmntms to cnoturc the · . --ommnl m lhc absence
2. A vetcrioorv henhb of the owner ,or
o f. • ---··-CPCR work d !'° css,oool dog handler ~~erog groomer hurna
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a L ~undmrnt, ADY ?PIPJ?I which bu~ BU§e:! 1 • QJUll1Dl or which has commmcd anv behavior~ nnv DCrSP?. or domestic herem mav be srized ,mt ,mPPHoded as Provided fi . c9orst as QangemuS.:: makm t f''tf' fCQ§8ftAhl8 @Hemm IB HL2!8 § .or IQ Ibis Chanter JftAff &!:!iec ome . £;de! • 1 b . ijeft;;t!lllffiftl.;lhe Goa, pRHlFBd!Mjll:if s 48Fffl1Re§ I JHI l ; ;mwnl B ~ ~@e•• er cUrnr dsrntestie aRimal 1• sbe~er 10 en 'B@FSBD ftllWl!lt::lri!Pl'ltt1)•1i0o 1e 11Ja PN/lttlrfWfflr b• •Oi e•r 1° ~•si,ml\11 11. ~ lmnoumlmrut Hcetlnr -Anx @oirnnl 1m d . held for a hearine before the Mun· • 1 c!oun Gd oursuont 10 th 1s Cha Ater mu..hG . -----------__ ,024. _ un 12 deteml · th rl · · OD!Q)RI pog,: PC cats 091 claimed b th · __ ,a; J ~$PQ§IJIQO O(S~ .... , •••• , . ·-·--_y -m owners bcforg the ••!llfi't;n. •' .,. m ~a.vs mav be d1SDOSed or at 1h• d· · w~ nn,:r., ...... --:--·-8 l§Cre!IOp gfthc Cjty. [he Cjtuhall ~;niVifrQ1a1nahl,1heownsofthcanif1';! · • • f --=---~ pµrgg se o( the hearing The court may 00
19tn1mg: b !he _daie uroc
Gil.di.W•te available to the Court I( 90 h d O uct su~ , -eaont.lUbx
Ownq does nol aPRFAr the Court mpy Pr~c:a:ic~~hs heapPL)bs duly _notified
mke nlnccJcsardlet ofa nv PGDdins m • . 1 b c hw,in_s, The heanns mav -.JllYCJPI C BMC pqt;no,gg to the animal
The C9un ~v order the animnl lo remain imoouoded , . §oal aim•UJOP gfapy PG04ioa mupisi PAI charges •i the owner • MPSJ•s vu111
Qf Jmpgundjgg thc aoiIDll TSRardlSi§ Pflhc l P9Pwnrf ~hall beaca)l cg§Hi Court-determines that it is llOUD · resu ts 9 anY muruc1PAI charees If the nf -. _..,_ H ---PCPPPIIE to ordsr tbs animal imR9YP4ed lhecCo
may O s the nmrnnl rerummt to the owner and to -urt circumstAPcs-, H wm enswe the safetv of oerso be kent under suoh . -05 9mnenv or other ammnls-
li !i Cendltleu, Coe Kccoier eo Anlmel Clnnificd '' "Panrcrnvs"
l. ~ of the clani fi cd animal shall oomolv with all of the followi oa
a. 'The owner of the IIPanserous" animnl shall nav n oennit ri OtY C-Ounc1I RWJ1Yl10Ra Said PSPJit shall D l be . cdceJo.hc set~
nnd BPPJPYAI of the Escaoc Proo f Mclosure o usu unul tnspcct100
b. Oply PCS opagqcrou,t'' noironl mpy bs Permitted nrucsidtn@.
" The~~ of the n~ecmuf' enimol iMH km cun;cnt th •
sych Qangcrouf ammal throuvh armual fencwal Such n::Wfor
trons[cmbl; or rcnewpble exceg1 by the bold flhe · IUlW membcrof1he ·rnmec1 · r ---~«o __ pcrm11orbv1
~7 ' tatc ,amilv of such PSrmitcc A ''D "
:,mal pemµJ in g wjU be issued to the owner nt the tune ~w •eroys r ·-~peqru\ Suh ------~------ISSUDPGSO. bv mSiAQS __ c pcnru1 tPv fboH ¥ auachs;d to the "Dangemui" animaJ
gg: I\ .i~.:1:i~;fj~r;rb~h~!~ ~!l,b!sw~~~;c~~a:: alnll
-~. arumal oths tlwo !he "Qangergys0 animalio h. h h pernu1 was !§sued, cw ,c I c
d. ~ner of a "Dan @crous" animal must be at least cigh tl-en Cil.l..Ym
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.;. J.ll1i.•4i.u1.mavreauirc prpofofliabilitvcoxccaP.c which will cover MY ~,c imurv cau5cd bv a "Paoecmus'' ommol {. The ownq ofa 'Pauscrous" ammal shall.at the owcr's own sxPCDKn have the "Dao@emus" ooimal waved or neurm:r4 opd §~all oresent 10 the Citv Mananer or dcsivocc; documentarv nroof from a hcensed werinurigo lhal this sterilization hH been osrformcd a. The ownsc of a "Daogcmui" onironl sh~ll at ~e own17(s own expense
wilh ,n ten O 0) business daYI haxs I rrucmchtP MDIOIDIP_R an .
idGPtififclliRP pymhq jmploms4 into lbs ~Pto~ IO!IPf!I D)e CHY
MM@RSt or desimet: Woll rnnimaio' file G9DIIIDIOR the [SSQ§t@l!PD
numbcr1 ngd shall coordinate that list wilh the State The owns,; s~all
notifv the Citv Manager or dsitmce ofanv change of address w,thm
fifteen OSl wor}cio • d•y§.
b-The ms mv$t 000600 tbs 0 Plozgpu5" IDimel io o buildi?P or.
cnclmum dsignest to be gcaps;-omof an4 whG?W the ammal 1s ,
outside of the building or mlorum kcm thr nmrnnl W>fer the PWPfl s
contml bx WE gfp leosh Tho gwpq Sholl P93I D GQDiPIGUOUS wam,ns
sign on the buiJdios or enclosure ooUfvio& othsa that? ''P~o&erousn
nnimot i§ housed in the building or enclosure In add?pon 1fthe "
COPYictiPP in far a §ccgpd QC subMPUGOt g[cru;e the POOR~§
nnirnnl sbnll nlw be muttlflll wheumr ii iE ootside of the bmldmo or
~
i,. The owner &boll immMiatelv ootifv the Citv Maoasq or designec in the
even! that 1he "Dansemus" onimol is loose stPlen nl-1Prsc unconfined
bas mnuled bitlcn attacked threalFPcd or In DPY WOY W?JlDCed 092tber
domati@ted noimal or burono Thcowoer shall !139 .notify the c,tv
Mannes 2r dssiwee m lbs runt 1be 0 Daoemzu1 omrool 1s sold
diumed of or has diql
ii tie eeneo anoJ •;og fer@ uf)Qoee,ew" aninl norroit @flail Dl\~lo4@
ifffiOH i iBBAH BURiU@Bi 18 5 iS sue fer IPIOb l>PD K!UVV§ QDINI
Ji.L Failurs to comnlv with ADY ofU1eseconc1itions tttff ronv result in the
imPPuodmsot of the nnimnl whiect to disnosition PWJY@DI to 7-1 A-16
Scctiop f EMC
i. L Pttl■ssifkltiPPo
A declassification fccin ru .mount to be set bv Gitv Council ~esol~tion will be .
nucssed when the classiC~ ·.u,;m Period bcsins %1Assificatmn '''111 he P':li:etHD:LHl
sboU occur omont to lhh · Not« The follow.int\ condiliooa must be met' WhY
U8l iuebtdo IAD fo, '" lhl e Jriftrd-6ftt?
l -Animal, thnt bAYG beep clauifiqi IS ':At-Risk" for P?G 'I_) YAAC wjthou~
furths violation And twn (2) YSAa without furthef nplation for anx ommol
classified ns upgggerous" since the most reccm ~1tot100 by such_am.mnl. and
ibffl:tftittt&]§ eloa@ified A§ udWCFPMI" siuee lh81E fflB§l f@e@Ol eUettlBP8
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z.. WriUGP rmifiSAtiou PfHtilftGIQCY F&moleliAP gfppprpypd obedience VJjpjpp AKC j)gjpp Crpqd CitilAP" Q[PSTIJP or egyjyalepJ for the &lmifie4 eoimel with tha ms Md l. Anx additioPAI 99odition ordrn4 bv the Citv Manaes or his ds;imss or the Muoisinfl Court ot lo Ume nE Ir ·e :·ca r: t tM :rrinen ,-,;fgpfcn ,r sslirfttee• 1omnleU11 ef ■,m ••d ct:1· er lminioe 'KC °Ceoin1 Ci@@d CifiNl'I" nmmm er Mui • tr: £tr &ho sh ifN cn'crl 0 ;1b tl:!e e ,, er .... ~ DI 9 :nM @fM" ;o·z;) RPP 1iPMI ►' oh:r·fcd M ''RMIMAM0 r+eU Mffllh'
.. ;11, Me NRMiPPI tA @£7 l • 1 fifBB,3 fE ,nof ■IIPNDP3 fer JI:,,-,
@ENn:t:ntlift
laJ. hdlenJeden
aL
YR9P a slevifif?:IUoo 2C 'Ptnsewa" eoirn,J the Awa in NWitioo w tho
meuimnmts K& forth io thit Chantv and the pgwtjq ,es forth in tho Code max
AAld a bados te ddSmioc ifW eoiml ebmtld he evbeoim1 194 iff2 the
eoiDlll Wll he e!!beolzat WMka: tho lfYPA'YiaiPP of, YMioNito
AeSbertsx fer Immdetc Pca!rPsUPn
?I :r ·, tiM 2 1 b II b q d t ,., ..,. i d(H; :trrnf'r A(
•• ::a, =•.. I .., 1 in We in,.,., of 1hr W1lt h"
., ,,,, ,, '' .. ,... Aftg; rnekipg TIIAPfbJ? ettGTWI to contml IP
eoirnnt ifa Cgd; f,nfornmncm Offigq m reties Offlw 4c!erniPGa that thQ euiroel
mramte, 4tom: to IPY RAJQp gr OOJP&tfis enfmel U pll be lawful for tha
pfficq to dCilUPY the eoirne1 without PAtiAA to the aoirnel owpq
7-lA-t-1-U: Dutrucdoa Hurla&,
A. WI!•••• Ill• a011d11e1 er M)' deg er ea, hea r-i11d ill iwo E3l aee ,'i11ie111 of
elrMlea p,e1•illlll ill Suliea 7 IA 10 liHG t1'ilhi!l 11111111N1i• 11¥10 ~ )'881
pwied1 er It rea,e111ihle fer illlli•liet d1111! er piee owe eeiily hiffll 1111ea • 11-
ileie& ll,e Glly ef&itlee• eai ID&)' iailiMe • h•iet ia Ille Mtlee~ed Hillliai,-1
Cellft plliliaoieg lhal 8811ft fer ae erder efdeolfllelieft eflhlll deg er 811
8. )lalif>eelin, ill l,1 giu1111e Ille deg er 111 ewner, ae lhe -d ,eepaRd111111 efllle
he&1iftg date, plaae, 111111li111111e lalw lhH [y\1111 flij daye prier le 1111 hNf'illg.
'Fhie 11eliae will 1,e aaeefllplftiee wilh i&fe~aft en wliieh Ille he11 i1111 io l111eed ,
C. iillae,l 118 8~81 •iea preuided Mreitt, Ille he&1iet mill lie eaadlleted ill 1eeeriaeee
, 1111 Ille pre1·i1ie11e efS11elie11 I JO I BUG, aelb e BJMI ltw' .. ,c pre11i111ea, 'RI•
Gily ef Mtlee;oeei will ha•• Ille h111d111 efpreuiBg Illa llllplia111 lly 1
prepa1tilfllllll efthe l'VillMII, '111• ..., ...... ii·""'" ,a b1,.,, ... -.11,,,
901111111 •-7ea111M'1 -,1111, Mi hlll 1111 .t'iglll 18 11'888 •MIiiin• Ill)' 'illlea1
aalled 9) Iha Gil)') Ille i;Jlhl 18 p,ea111I •'ill! Hiil lBd wid11111e, ll'ld le ltllil)' er 1181,
-17-
9-Tiie? IW11e1pal C:ewA • •1II Joi_,ne al !fie heaAA0 ·, hathe, lfl• dog or eol, heaaY-Se of 115 ,-,e,ous pF0pe11o111es. p,esems elea, OF p,esa,n danger 101he &af t!) 0(1he e111aans of Ei11glernood, ll!ilen 1he dog Of eot has Il een !fie ••bi NI of,. '8 E2l een SOIIOIIS efauoek not Fll5Hlting in death OF grie"'OHS eodily haRll, Of pFopeA; damage of fi e h•ndfed dolla11, EUOQ ,00) oF n,a,o • nhin a t"\3 E2)) ear period, er i1 is respo nsible for inAieting doalh Of grie"'ous bodily ham, •1-l1uman ae,ng, 1he,e is e presu n,pli oH !lie-deg er eat lrns uieieus IBhdonei es and prOBenlli 8 eltlllf and pr0Bon1 da,.ge, 10 the eofe(y oflhe eili;iens ef 1,ngle·, ood, Tl,ia p~ eaA eel; be rebuued e;• el881811d eon ineing o •ideaae 10 the eentre~• IJpen the
eeml'& de1eR11i1111t1oe lflet 1he deg er 881 presenl• a el ear er present dani:er 18 the
safely ef 6egleweed aili;ieiis, 11\e OOH.A will order tho Ci1y 18 deslrey 1he dog er Ml
f<Hthwilh,
10, lflfle dog er sa1 is AO! aenlinetl 1,y lh• City, Ille City IB8j' pelilitA !he !.ngle•1•eed
HllBieipa! Cellfl for a H1Ah-vill1 eAler 10 eee-liee !fie BJanllll pen~ing 1h1 011100me
efll-,e des!tuelien hwing; Md !he eestB efsaid eennneml!AI ~~II b1 Mns6ed by
!fie Ullllieipal CeUfl 11 Iha 111Fmina1iee ef !fie he9fing.
Z:JA.LZ: Qr§trMstiPP Hcedgg .
e:,,. Uoon conviction of anv offena; lisled in Section 7-1A-2ffil or 7· lA· l( ~
the Municinal Court m@Y consider destruction of the animol at Lie
recommendation of 1h; Cily, I( the City rpcomm;nds dcs1ruc1jon , lhc i~
and owner of the donvcmus dog or cal ifdiffmt !bun tbs defendon1 \ ,<l.Jlw
Citv shall have a ri@ht to reoucM on GYidentiarv heating for, detsrnio11ioo nf
whcths the doe or sol ahould be destrovcd.
IL Unon cwuest for a hearinR and under Subsection (Al th· Coua max mter a
fonhwith ords 10 cgofioe Lbs anirool pcpdjpg lbe outcome o[thc destruction
hcannc qn.J uax assea! on r&1t1 onociatel wilb the seim"i confinerosot and/or
destruction oCthe ooirnol at the tmuiuatioo bearinR
~ The City °CEosl cwgod wm have the burpen ofproyjng that the dog or cat,
because of its "Paneemus" 12roocnsitics oresents a danger ltUht,oublic sgfctx.
When the nnimnl hns been found to hnvc inflicted death or.serious hodilv iniuo:
uoon ahuman beine there is a orcsumotion thauhe dog,m,cat is n dnwr 101bc
oub)jc safety The prcsumptjon max Iii; rebutted by eyjdencc 10 the Gl'P\W>'
l2 Uoon dctennination bx the Court that the animal Presents a dnnecr to the nubhc
afetY the Coun mov onis: ths Citv to destrov the noimal forthwilh or max
Clller sucli o1hcr Pfdca for disoosition of lhunimal asmwacv 10 protect the
ooblic snfctv.
~ Safety Clnu•cs, The City Council hereby finds , delenmnes, and declares
that this Ordinance is promulgated under the general police power of the C11y of
Englewood, th.,t it is promulgated for the health, safely, and welfare of the pubhe, nnd
that this Ordinance is nc ·cssnry for the preservation of hcaltl, nnd safely and fo, the
protection of public convenience and welfare, The City Council further detcnnincs that
lhe Ordinance bears a rationa l rclo1 ion 10 the proper legislative object sough! 10 be
ohtoined,
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Sccuon 3. Severabjhty. If any clause, sentence, p,aragraph, or pan of th1S Ordinance 01 1he applicauon thereof to nny person or circumstances shall for any reason be adjudged by a coun or compc1ent Jurisdiction invalid, such judgmeot shall not affect, impair or mvahdate tl1c remainder of thi s Ordinance or ii appli"~lion 10 other persons or circumstances. ~ Inconsistent Ordinances. All other Ordinances or pon1ons thereof 111COnsistent or con01cling wuh this Ordinance or any portion hereof nre hereby repealed
to the exteot of such inconsistency or conflict.
~ E[ect of repeal or modificaljon. The repeal or modification of any
provisioo of the Code of the City of Englewood by this Ordinance shall not release,
extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or
liability, either civil or criminal, which shall have been iocwml under such provision,
and each provision shall be treated and held as still remaining in force for the purposes
of sustaining any arul all proper actions, suits, procc,dings, and prosecutions for the
enforcement of the penalty, forfeiture, or liability, as well as for the purpose of
sustaining any judgment, decree, or order which can or may be rendered, entered, or
made in such actions, suits, proceedings, or prosecutions.
~ ~ The Penalty P/lvision of Section 1-4-1 EMC vial! apply to each
and every violation of this 0;7V ~~~T/
Introduced, read in full.~ passed on first rcadin/4 lhe 2nd day of June, 2008 .
Published as a Bill for an Ordinance on the 6'" day of June, 2008.
James K. Woodward, Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
I, Loucrislun A. Ellis, City Clerk of the Caty of Englewood, Colomclo, hereby cenify that
the above and foregoing is a true copy or a Bill for an Onlinancc, introduced, read in full ,
and passed on first rcadanr on the 2nd day of June, 2008.
Loucmhia A. Ellis
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Alternntivr Languaee Dog or Cot. Stroy a11dlor Ru1111ing ot lorgt (priw11e prop<!rt}~: Not physically restrained or un<kr reasonable commJ by a cnpablc person and !he person musl be physicaUy present wrth the dog or cat while on that QC¥n's premises. Not physically restrained or undg reasonable control m that
person's ychiclc jn a monncr that prcven!S the animal from leaving,,•chiclc or l'Cllching any publis
Arm. ~ ,,
ORDINANCE :-10 SERIES Of 2008 BY AlJI II ORITY COUNCIL f31I.L NO. 23 INTRODUCl:D BY COUNCIi MEMDl-lt MOORE // ~v I AN ORDINANCE AlfrtlORIZING THE DENVcR SEMINARY PLANNED UNIT
DEVELOPMENT (PUD) AMENDMENT NO. 2.
WIIEREAS. the Englewood City Council npproved the Denver Scnunory Planned Unn
Dcveloprne111 with the passnga ofOrdinnncc No . 52. Series of2004; nnd
WHEREAS, Continuum Cl.crry Hills L:rnd Company, LLC filed nn npplication for an
amendment to the 2004 Plan~ed Urut Development; and
WHEREAS, the Englewood City Council oppro,-ed Amendment No. I, which proposed rm
changes to the general character of the development of for-sale rcs1dcn11al and limited rctoil US<.'S
with the passage of Ordinance No. 5, Series of 2007; nnd
WHEREAS. this Amendment No. 2, proposes site plan adjustments to address development
based on changing market conditions by establishing "envelopes"; and
WIIEREAS. the "c:mclope" concept provides the flciubility to makechnngcs to build,ng
location and orientotion 10 ll1CC1 consumer and market demands without the need 10 amend the
PUD site plan each time an adjustment is considered; and
WI 11.:REAS. the changC8 or Amendment No. 2 10 the PUD nre:
Three envelopes in which an allowed use or activny may occur provided all PUD
height, setback, bulk plane, ant! floor area requircmcm s are met. Estabhshm<:nt of
the envelope docs not mean the cnvc:lope will be completely filled; only that
dC\ clopmcnt mily occur within the envelope area.
Addition ofsinijlc and two-unit residenti al use;
Addition of hotel use;
lncrcnse 1n rctuil/conm1ercial opncc 10 75,000 square feet;
Decre.1sc the number or rcsidcntrnl umts from 350 10 JOO;
Linn! donm.TS on structures along west boundary (Ncgot41tcd with Kent Village);
Coord11m1e bulk plane and height to each envelope; and
WI IEREAS, pur,;unnt 10 E.M.C. 16-4-15(7)(2), mnjur modiftcntions too P.U.D. District l'l un
must be upprovcd pummnt to the snn•e limitntions :mcl rcquircmc111s hy whi ch such Pinn wus
originully approved; and
WI IERl:.AS. the Englewood Planning and /,omng Commiss ion held Pubhc Hearings on March
4, and March 18. 200 S. reVle\lcd the Amendment of the Plam,ed U1111 Development and
reeonmlCllded approval of tlus Denver Scmmary Planned Unit Dcvclop111en1 Amend111e111 No. 2
with the following cond 111011s:
I. All uppro,c-d conditions and m1uircmc111s cstahli~hcd under 1hc Denver Scnunai; PUD and D<11wr 5cmmary Pl IO-Amcnd111c111 I. shall apply unlc,s nmcndc-d h)' Amendment 1. 2 Amcndmcnl 1 acknowledges the need for nc.,ihle de,·ck>pmcnt opu<>ns h> csrnhll,lnng three (3) dc\'clopmem envelopes. '1 l'<lhnical site plnn review or devci<,pmenl within •uid csl\·clopc'S shall be by the Dcvclopmcnl Review Team for cumphancc "11h PUD and C11y dc•vclopmcm srn ,dards.
3. Envelope 2 shall be limited lo uses penuiuccl 111 lhc "household livmg" category "r
lhc PUO's Table of Allowed U,.-.
4. H11cl Use shall be lim11ed as follows:
I lotcl use shall be located within Envelope I only.
b. Holcl use shall 1101 be a scparnlc, sta nd-u lone use.
c. The m:mmum number of hotel rooms shall be 150.
d. If hotel use 1s approved, the following l,'IICSl accommodalion allowance
approved in lhe origina l PUD shall be amended 10:
"3, 11te number of rc.,idcmial units docs not include pmposed 1,'l1c.i
accommodation for guests ior residents or the projc-cl. Such spaces shall nut
exceed 900 S.F. and no more than ;wo such spaces qcr rcsjdenual
condopunjum tower ooildi11g (I a 101AI) shnll be provided,"
5. W11hin any designated building envelope pennillmg residtmial towers, the total
noorplatc or towers bu,ll shall not exceed 50% or the envelope arcn. Toto! lower
0oorplnte shall be cnlculnted by summing the area of the typical lower 0oor for each
tower constructed wi1h,n the envelope. The typical tower floor shall be determined
by the City or l!nglcwood Developme nt Review Team. Pcm house, common amenity
or ground noors shall be excluded from the dctennination
NOW, T IIEREFORE. OE IT ORDA INED IW TI IE CITY l'OUNCII OFTII E CITY 01'
FNGLEWOOD. COLORADO, AS l·OLLOWS:
Section I. T11c F.nglewood City Council hos reviewed the Amendnocnl No. 2 to the l)cnvcr
Sc,ninary Planned Unit Ocvclopmcnl and pursuant lO 16-4-15(1)(2) E.M C. and finds 1hnt the
I' U.D. amendment ,sin cortfonnancc with the approved Plani1cd Unit [)cvclopmcnt requoremenls,
~-111e Fni;lcw0<,d City Counc,I finds 1ha1 all required documents, dmwmgs. ref err.ti<,
rccornmcndnt,ons nnd appro"nls have been received .
Section 3. 1ltc Englewood City t'ooncil finds 1lu11 the amended P.U D. site plan,. oons1S1cnt
w11h adopted and gcncmll)' il<lccptctl >landarcl~ of dcvdopmcnl wit Inn the City .
~-The Englewood City Council linds 11ml the anicntled P.U.O. site plan ,s sub,1nntonlly
consis1c,11 with the Qonls, obJc-ctivcs nod policies nnd/or uny other Ol'dinnncc, lnw or requirement of
1hcCity.
Scctj<>n 5. Tlte Coty Counc,t of the City or Englewood. Colorado hereby :1pprovcs Amendment
Nn. 2 to the Planned Unu Development for the Denver Scmmnry, au:w:lt..'11 hereto ns F,hihit A
2
~-Pursu.int 10 An1cle V, Soction 40, of the Englewood l-lo1nc Rul, hancr. the Cny Council has detemuncd 1ha1 Eichibit A, auachcd 10 this Ordinance shall 001 be pubh hcd because of its iu A copy of Eichib11 A, is available in 1M Office of the Englewood Ci1y Clcrlc . ln1roduced. read 111 run, and pa,sed on firs1 reading on 1he 11 • day c,f Apnl. 200 Pubh hcd a a 8111 for an Ordmancc on 111<' 15• day of April, 200 •
A Public I lcanng was held on May 19th, 2008.
Read in ru11, amended and passed M amended as a Bill for an Ordinance on the 2nd day of June, 200 .
Published In full u an amended 8111 ,or ,1 Ordinance. on the 6th day of June, 2008.
ATIEST: Jam es K. Woodwa rd , Mayor
Loucnshla A. Ellis, City Clerk
I, Loucrishia A. Ellis, C11y Clerk of the City of Englewood, Colorad.i, hereby cenify 1ha1 the
above and foregoing is a true copy of a Bill for an Ordinance. introduced, read in full, ai-1cndcd and
pa scd as amended on the 6• day of June, 2008 .
Loucrishiu A. Ellis
3
COUNCI L COMMUNICATION Dale: Agenda ll em: Subject: June 2, 2008 11 bi Denver Seminary Planned Unil Developmenl A"lendmenl No. 2
lniliale d By: Staff Source:
Community Devclopmenl Departmenl and Tricia Langon, Senior Planner
Kenl Place Developmenl Company I, Inc.
14 30 Wynkoop Slree t, Suite 10')
D•nver, Colorado 60202 --
COUNCIL GOAL AND PREVIOUS COUNOL ACTION
Co uncil considered 1hc Denver Seminary Planned Un il Developmen1 (PUD) Amendmenl Nn. 2 at a
Public Hearing on May 19, 2008.
BACKG ROUND
During the Public Hea ring, 1he appllcanl proposed the following co ndition in addition to th e fo ur (4)
co nditions recommended by 1he Plann ing and Zoning Commission:
Wilhin any designated building envelope pennitting residential towers, the Iota!
floorpla1e of towers buil1 wiU not exceed 50% of ti envelope area. Total tower
fl oorpla tc will be cJlculated by summing th e area of the 1ypical lowe r floor for ear~
tower construc1ed wllhln the enve lope.
If Council considers including lhis additional condition as a requiremen1 of approval, 1he
Community Developmenl Dep,rtment recommends minor wording modifica1ion and clarifying
language as follows:
Wilhiri any des igna ted bu ild ing ~• ·0 IOPf' ON"1i lling residenllal lowers, the total
floorpla1e of towers bull! will Wall not , --~•ll 50% of lhe envelope area. Tota l
tower floorplate will Wall be calculated by summing lhe area of lhe typical tower
floor for ' ver constructed within 1he envelope. Toe typical 1orrer floor shall
~ ~Y oilo&lewood Oevelooment-Bexiew Team Penthouse
common itw~w,~ r.ic ncound Qgqrs sh,,/1 be: excluded from l!Jg de1em,ina11qn.
RECOMMENDED MOTION
Recommenda1ion from th e Community Dev~lopmen l Deparlln enl lo adopt a Bill for an Orct,nance
au thorizing 1he Denver Seminary Planned Un il Developmenl (PUD), Amen dm ent No. 2 with lhe
following condl1 ions:
CO UNCIL C.OMMUNI CATION Da ie: Agenda It •..,. Subject: ••me 2, 2008 l ', . ' Denver Sem inary Planned Unit De,elopment Amendment No. 2 lnitiattd By: Staff Source:
Co mmunity De, elopment Departmen t anJ Tricia Langon, Senior Planner
Kent Place D~velopmt~I Company I, !nc.
1430 Wynkoop Stree~ Suite l 00
Den~er, Colorado 60202
l.OUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Cowie.ii considered the Denver Seminary Planned Unit Development (PUDI Ani1-ndment No. 2 at a
Public Hearing on May 19, 2008
BACKG RO UND
Outing the Public Heanng, the applicant proposed the following condition in add,uon to the four (4)
conditions recommended by the Planning and Zon ing Commission:
Within any designated building envelope permitting residential towers, the total
floorplate of towers built will not exceed SO% of the envelope area. Total tower
ftoorplate will be calculated by summing the area of the typical tower ffoor for each
tower constructed within the envelope.
If Council considers Including this addllional condition as a requirement of approval, the
Cornmunity Development Department recommends minor wording modification and clarifying
language as follows:
Within any designated building envelope permitting residentl.l towers, the total
floorplate of towe rs built will Will not exceed 50% of the envelo pe area. Total
tower floorplate will lllll1! be calcul.1ted by summing the area 01 the typical tower
floor for ea ch tower constructed within the envelope. Ibe typical tower floor sh,n
be sktermined by the.Otv er En @lewood Dexelopment Berlew Tram &arb9Vie
rommen amrnitv or @CPund floors shall be excluded from the dctwuinetion
RECOMMENDED MOTION
Recomme nc.ation from the Community D~velopment Department to adopt a Bill for an Ordinance
authorizing the Denver Seminary Planned Unit Development (PUD). Amendment No. 2 with the
(olf,iw ing conditions:
I. All .ippro, ed conditions ,,nd requirements established under the Denver Seminal) PUD dnd Dem er Sem,n,ll) PUD • .-.mendment I shall apply unless amended by Amendment 2. Amendment 2 ac~nm, ledge~ the need for Hexoble de, elopment option, by establishing three Ill de,elopment envelopes. Technical site plan review of development \\lthin s,1ld en,elopes shall be b\ the De,elopment Re,ie,, Team for compliance wuh PUD and C11) de, elopment standMd,. 3. Envelope 2 shall be llm,ted 10 uses pennotted in the ·household II\ ing· category of Jhe
PUD's Table o r -.nm,ed Uses.
4. Hotel Use shall be limited as follows:
a. Hotel use shall be located within Envelope I only.
b. Hotel use shall not be a separate, stand-a lone use.
c. The ma~lmum number of hotel rooms sh all be 150.
d. If hotel use Is approved, the following guest accommodation allowance approved in
the original PUD shall lbe amended to:
•J. The number of residential units do es not include proposed guest
accommodation fo r guests of residen ts of the project. Such spaces sha ll not
excee d 900 S.F. and no mo re than two such spaces per~
c;ondomjniym tow,er e~l lding ( 12 1e1alj shall be provided."
5. Within any designa ted building envelope perm itt ing residential towers, the total Ooo rplate
of towers built shall not exceed 50% of the envelope areJ. Total tower fioorpla te shall be
calculated by summing the area of the typical tower fioor for each tower constructed
within the envelope, The l)plcal tower floor shall be determined by the City of
Englewood Development Review Team. Penthouse, commoc, .'menity or ground floors
shall be e•cluded from the determination.
ATTAC HMENTS
Boll for an Ordinance (NOTE: Please bring EXHIBIT ,._ from the public hearing)
Shadow Comparison • ~•tinter Solstice 9:00 am
Shadmv Comparison • Wintt,r Solstice l100II
Shadcl\v Comparison • Winter Solstice J .-00 pm
YJCINIJY MAP
I;
J ••
DENVER SEMINAR Y PLANNED UNIT DEVELOPMENT (DISTRICT PLAN)
AMENDMEN T 2
E'<HIIJIT \
~~K~ ENGLEWOOD, COLORADO
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• COUNCIL COMMUNICATION Date: Agenda Item: Subject: lune 2, 2008 11 c I Resolulion Transferring S 1,000,000 from the General Fund's UnreseNed/Undesignated Fund Balance to the Long Term Asset Reserve (LT AR)
Initiated By:
Oepanment of Finance and Adminis trative Services
I Staff Source:
Frank Gryglewicz, Director
COUNCI L GOAL AND PREVI OUS COUNCIL ACTI ON
City Council began discussing the creation of the Long Term Asset Reserve (L TAR) at the Budge t
Retreat held September 22, 2007. City Council created the LTAR by approving Resolution 90,
Series of 2007 (copy attached). Counci l transferred $1 ,986,000 into the LTAR by approving
Resolution 91, Series of 2007 (copy a.ttached). Resolution 34, Series of 2008 approved by Council
on April 7, 2008 transferred $499,142.50 to the LTAR, bringing the balance to $2,485,142.50. This
action will bring the balance to $3,485,142.50.
• RECOMMENDED ACTION
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Staff recommends Oty Council approve the auached Resolution transferring $1,000,000 from the
General Fund's Unreserved/Undesignated Fund Balance to the LTAR.
BACKGROUND, ANALYSIS, ANO ALTE RNATIVES IDENTIFI ED
City Council discussed and determined !hat funds from the sale, lease, or earnings from long-te rm
assets shou ld te used In a ca reful, judicious and strategic manner; for 'his reason, these funds will
be reserved in an account known as the Long Term Asset ReseNe (LTAR). The funds restricted In
tl1ls account can only be e~pended If the funds are appropriated in the annual budget or by
supplemental appropriation.
The remaining funds ($1,986,000) from the Goll Course lease were transferred and res tricted to the
LT AR by l!eso lution q 1, Series of 2007. This actioo will panially reslore 1he LTAR funds from the
Golf Course to 1he amount an1 iclpa ted if no "bridge funds" were required In the original 2008
Budget.
The following illustrates th e transfer and restriction of funds:
GENERAi FU NQ
SOURCE OF FUNDS:
Unreserved/Undeslgna1ed fund Balance
USE OF FUNDS:
Long Term Assel Reserve
St ,000,000
Sl,000,000
FINANCIAL IMPACT This action will transfer funds from the General Fund's Unreser\'ed/Undesignated Fund .lalance to the LT AR. City Council controls the use oflhe LT AR funds, therefore, formal action; either the inclusion of the funds In a fu ture budget or a supplemental appropria tion 1s required to expend die funds .
UST OF ATTACHMtNTS
Copy 01 Resolution 90, Series of 2007
Copy of Resolution 91, Series of 2007
Copy of Resolu tion 34, Serles of 2008
Proposed Resolution
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RE Ul.lrrlO ' -0 V SERIES 01' 200' A RES LUTIO CREATING LO G TERM ASSE'f RESLRVE FUND tLTAR) \\ 'HI "REAS, the City Counc il of the City of Englewood, Co lorado bas dctcmunc-d thnt flllld frorr. the sale, lea or :nungs from long-tcnn assCIS should be used ma careful, Jud1c1ou., and SU'atcg,~ manner; • I
WffEREAS , for this reaso n, City Collll<:il hereby aull1orizes the creation of o Long Term Asset
Res Cf"e Fund (LA TR); and
WHEREAS , funds m:ci ved from lhe sale, lease, or earnings from long-term assets shall be
res erved in thi s account Long Tenn Asset Reserve Fund (LTAR); and
WHEREAS , the f llld~ in this restricted accoun t con only be expended if the fund s arc
nppropr lnted in the annua l budget or by supplementa l appropriation;
NOW, THEREFORE, DE IT RESOLVED BY THE CITY Ct), INCIL 01' Tl-fE CITY 01'
IJNO LEWOOD, COLORADO, AS FOLLOWS :
~-The City Counci l oflhe City of Englewood, Colora<lo hereby authorizes th e
creation of n Long Term A~•et Reserve Fund (LATR). The LA TR Fund shall be created from
fund s from the sale, lease, or earnings fro m long-term assets should be used in a careful.jud icious
nm: stra tegic manner an1 reserved in an account known as the Long Term Ass et Reserv e Fund
(LT AR). The funds in this restricted account can only be expended if lho fund s arc appropriat ed
in t},c annual bud ttct or by supplemental appropriation
ADOmD AND APPROVED thi s 15th day of October, 2007 .
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RESOLl,'TION NO . .!!.L SERJF.SOF2007 A RESOLUTION TRAi~SFERRING FUNOS FROM THE GOLF COURSE LEASE TO Tl IE LONG TERM ASSJ::1 1-.ESER VE FUND (LT AR). WHEREAS, the City c.,uncil of the City of Engl~-wood, Colorado has dctemuncd that fllllds
from the sale, lease, or cami11~ from long-term nsscts should be used in a carcful,judicious and
strategic manner and reserved nan account known as the Long Term Asset Rcser,,c (LTAR);
and
WHEREAS, the funds in this restricted account can only be expended if the funds arc
specifically appropriated in the annual budget or by supplemental appropriation; and
WHEREAS, the remaining funds from UteGolf Cow-se lcase(nct of the $1.S million in
"bridge funds" approved for transfer 10 the General Fwid as part of the 2008 annual budget) will
be transferred to lhe LTAR restricted fund; and
WHEREAS, any fwids generated from the McLcllan Reservoir property and transferred trom
the Englewood Mcvllan Rcser,,oir ~oundation (EMRF) to lhe City will be restricted 10 this
tlCCOWl1 until subt.,qucnt appropriatio n by City Council;
NOW, THEREFORE, BE ff RESOLVED BY THE CITY COUNCll., OF 1llE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
~ l.ill, The Budget for the City of Englewood, Col~:.oo, is hereby amended for the year
ending 2007, as follows:
PUBUC IMPROVEMENT FUND
SOURCE OF FUNDS:
Fund Balance
USR OJ,' FlJJll'JS:
Transfer Out to General Fund
GENERAJ ,EYNJ)
SOURCE OF FUN DS:
Transfer in from u,,., Puhhc Improvement Fund
USE Ofl' FUNOS:
Long Term Asset Reserve
$1,986,000
$1,986,000
$1,986,000
$1,986,000
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RE OLUTION '0. Jlf SERIES OF WOR A RES LUTIO SUPPORTING fllE SALE AND DISPOSITIO OF THE PROCEEDS FROM TI I . SAi E OF A PORTION OF Tl IE ENGLEWOOD McLELLAN RESERVOIR FOUNDATION cr:MRF) PROPERTY TO THE REGIONAL TRANSPORTATION DISTk ICT
(RID).
WHEREAS, the Englewood /McLcllan Rc.;crvoir Foundation (EMRF) wns formeJ lo prolcd
and ovCtlLC the development of the McLellan Reservoir property; and
WHEREAS, in plnnning for the development of the Mclellan properties, the cstnblishmcnl of
o light mil slMion on EMRF Property nt C-470 and Lucent Boulevard hns been a primary clement
for development of EMRF properties south of C-470; and
WHEREAS, since the passage of FasT, ~rf-_. in 2004, EMRF has worked with RTD 10 insure
thnl the station si te was limited to npproximatdy 10 acres lo allow for fulure development of the
adjacent EMRF property; and
WHEREAS, RTO is 11urchasing the property 1111der threat of condemnation; and
WHFREA • the RTO purchase of such property has been completed; and
WH.EREA , the passage of this proposed Resolution will support the sale and disposition of
the proceeds of the sale of EM.RF pl'OJ)Crty 10 the RTD;
NOW, TIIEREF RE, BE IT RESOLVED BY THE CITY C0UNCll.OF THECITY OP
ENGLEWOOD, COLORADO, THAT:
~n.l-The City Council of the City of Englewood, Colorado supporu the disposition of
proceeds from the sale of a portion of the Englewood Mcldlan Reservoir Poundalion (EMRF)
propcr1y to the Regional Transportation Distnct (RID), as follows :
GRO 'PRO EEO FRO 1 TIIE , ALE OF PROPERTY
Er PR Cl•:ED i ROM nm Al.E OF PROPER I y
DI 'PO TION OF Pl{O EED :
WATt:P. FUND :
Rcpnymcm of Cash Advance
Payment in Full for l.ru1d
To1nl Payment lo Wnlcr Fund
,ENF.llAL I•' I)
Rcpnymcnl of Cn . h i\dvnnc,,
Rcpnym c111 ,,f '11 ·h Atll'anc,,
$3,200,000.00
S IR2 .SO
$ 100,000
.l...lli.67
$ 380,675
$ 100,000
so~
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RESOLUTION NO. SERIES OF 200R A RESOLUTION TRANSFt::RRING FUNDS FROM THL GENERAL FUND UNR.ESERVEDIUNDESIGNA TFD FUND BALANCE TO THE LONG TERM ASSET RESERVE (LTAR).
WHEREAS. !he City C011ncil of the City of Englewood, Colorado crea1ed lhc Long T cnn
Asset Reserve (LT AR) wi1h the passage of Resolution No. 9/l, Series of 2007; and
WHEREAS, the Englewood Ci1y Council deicmnned that funds from the sale. lease or
earnings from long-tcnn assets should be used in a carcful,judicious and strategic manner and for
this rc.,son. these funds will be reserved in lhc LT AR; and
WHEREAS, the funds restricted in the LT AR aceoun1 can only be expc:nded iflhc funds are _,.r/--i
appropriated in the aMual budget or by supplemcnlOI appropriation; and 1~,
WHEREAS. lhe remaining funds from lhe Golf Course lease were transferred and restricted to .1.t#
the LTAR by the passage of Resolution No. 91, Series of2007; and ~~V'
WHEREAS. Resolution No. 34, Series of 2008 tranSfcrrcd $499,142.5010 lhc L,TAR. bri nging 1tl
the balnncc 10 $2 .485.142.50: and (11\V"'lf V
WHEREAS, lhe origiool 2008 Gcncrn l Fund Bud11e1 roqulrcd S 1.5,t, "Bridge Fund!" from 1iC/Q" 6~ .. J IJJII..,
Golf Course lease proceeds; and -°D ft, IJJY.
WHEREAS, lhe 2007 General Fwid financial resuhs were beuer 1han expc<:lcd; and t jJJ.J V
WHEREAS, the 2008 Budget no longer requires lhc Vbridgc funds, SI million eon be t , I ,p.,f ~
1ransfcncd 10 the L1'AR; / u ~ Y,j
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNC IL OF THE CITY OF ~~
ENGLEWOOD, COLORADO, THAT: '+ ~
~-The Ci1y Council of lhe City of Englewood. Colorado s upports lhe transfer of ~
funds from the General Fwid Unrcscsved/Undcsign.~lcd Fund Balnnc,: 10 the Long Tenn Asse
~-~~ ~
GF.NER/\L FUND )If
SOURCE OF FU'IIOS:
Unrcscrved/Undcs1gnatcd Fwid Bnlnncc
USE OF FUNDS:
Long T cnn Asset Reserve
Sl.000,000
$1,000,000
J-~
'f<vtJ ~a
~ TI1c -i1y Man.iger and !he Director of Fmancc and Adn11mstni11vc Scrv,ccs nre hereby au1hori1cd 10 make 11,c above changcs 10 lhc 200 Budget for the Ci1y of Englewood ADOPTED D APPROVED thts 2nd <b) of June. 200
ATTEST :
James K. Woodward, Mayor
Loucrishla A. EIits, Ci1y Clerk
l, Loucrishio A. Ellis, Cily Clerk for lhc Cily of Englewood, Colorado, hereby ccnify the
above is a 1rue copy of Reso lution No._. Series of 2008.
Loucrishia A. Elli s, Cily Clerk
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COUNCIL COMMUNICATION Date: Agenda Item: Subject: June 1, 2008 II c ii Res:iluuon m supporl 01 EMRF enrering ,nto negotiations for lease of appro,lma1ely 12.6 acres 10 TT 01 Den, er Initiated By: Staff Sour ce:
Englewood Mclellan Reservo ir Foundalion . Slewart H. Fonda, Presidenl
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
In 1999, City Council authorized the crea1ion of the Eng!ew<>C'<f \Ir.er •n Re,ervoir found.tion
(E/1,tRFJ for the purpose of fadlilaling the developmenr of prol"'rt) Jojacent 10 th~ City's MLl.eilan
Reservoir. On December 17, 2007, C<Juncil supporteci EN.RF in the sale of approKimalely 11 acres
of PA85 10 RTD for S3.2 million. On May 19, 2006, City Council supported EMl!f Ir, leasing
appr0Klma1ely 13.6 acres of Planning Area 64 (PA 64) l o CarMax Superslo res W, ,, < ,, :!' Inc. This
proposed acti on would be 1he lfmd transaction Involving EMR, ""11erlle,.
RECOMMENDED ACTION
EMRF recommends Cily Cour.cil appro,e a Resolution in support of EMRF enl ering ln:o
negotiations with TT of Denver for lease of approxlma1ely : 2.8 acres or Plann .. ,g Ar•.•• li4 (PA 64).
BACkGRO l/N0
In 1999, Clly Council aull,orlzed, through Ordlna n,e 41 , the crealion of 1h e Englewood Mclellan
Reservoir Foundation, a non,profil corporation charged with furlheting the development of the
Mclellan Reservoir property and transferred the property 10 EMRF. The following goals for
developmenl were es1ablished by City Council In Ordinance 41 .
I. Protec1 lhe quality of the City's stored wa l er al Mclellan Reserv.Jlr.
2. Pro1ect 1h e reservoir ecosys1ern.
3. Es1ablish and maximize a fu1ure long-ierrn lncol'1e slream 10 benefi1 lhe City.
4. Mainlaln the quali1y of 1he Hl ghllne Canal recreation al facil ities a,,d lhe wetlands
between C-470 and Coun1y Line Road.
S. Minimize developmenl impacls on 1he reservoir.
6. Enhance the quality of life of the ne,ghbomood of which II is pdrt.
7. Enhance the quality of hfe for :c,ldenis of the City of Englewood.
With the recen 1 development of lhe Ralph Schomp au l o dealership immedia1ely eas 1 of 1he subjec1
parcel, in1eres 1 In EMRF property has focused on auto uses. Lm month EMRF cornpl eled a lease
wi 1h CarMaK for t 3.6 acres of property fo r u~e as an au l o dea lership. At a Counc il ExP.cu1i.e
Session on May 19, 2008, EMRF presen1ed Council 1he lerms of a Leuer of lnienl with TT of
Dcn,er for one or more future auto dea;e,shlps. The adiustmen ts to the Letter of Intent suggested b\ City COLmcil during E~ecut" e Session ~re Included Ir, the revised Letter of Inten t Approval of • this Reso lution will all ow EMRF lo enter In to fo,ma l lease negotia tions with 1l1e objecti ve of completing a lease agreement. FI NANCIAL IMPACT To be de termined, based on negouations Minimum annual rate of return for first f"II contract ye.u
is estimated 10 be S473,500.
LIST OF ATTACHMENTS
Resolution
Site Map of Subject Propert)
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RESOLUTION NO. SERIES OF 200b A RESOLUTIO:--: SUP PuRTlNG THE NEGOTIATION OF A LEASE BY TI-IE ENGLEWOOD MCLELLAN RESERVOIR FOUNDATION (EMRf) FOR THE LEASE OF A PORTION OF THE MCLELLAN PROPERTY TO TT OF DENVER
WHEREAS, the Englewood/McLcllan Rescnoir Foundation (EMRf) was fonncd to oversee
the development of the MclclL1n Reservoir property: and
WHEREAS, the proposed Letter of l.ntml is for approximately 12.8 acres of the
Englewood/Mclellan Reservoir Foundation propcny; and
WHEREAS, TT of Denver submiucd a Leucr of Intent to the Englewood City Council ; and
WHEREAS, City Council reviewed the Leiter of Intent and inslJUCled EMRF lo begin
negotiation of ftnal lease tenns.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNClL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
~-The City Council of the City of Englewood, Colorado, hereby support; negooation
of n lease ngrccmcm between the Engle...-ood/McLellan Reservoir Foundation and 1T of Denver.
\OOPTED AND APPROVED this 2"' day of June, 2008.
ATTEST·
lames K. Woodward, Mayor
Loucd,bia A. Ellis, City Cieri:
I, Loucrislul A. Uhs, C11y Clerk for the City of Englewood. Colorado. hereby ccnify the
above is a true copy Rcsolur,on No. __ • Series onoos .
Loucrishia A Ellis. C,:y Clcrl
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Page I of I Lou Ellis From: Sue Canton-Smith Sent: Friday, June 06, 2008 9.48 AM To: Lou Ellis Subject: RE help Arapahoe County Open Space Sharcback celebrat ion lu nch and distribution or runds at Carson Nature Center, 3000 Wesl Carson Drive, Littleton, CO.
Does this help?
Sue
From: l.0IJ Ellls
Sent: Friday, June 06, 2008 9:14 AM
To: Sue carlton-Smlth
Subject: help
(I) Mayor Woodward said please let Sue Canton-Smith know by this Friday if you will be attending the
Arapahoe Cou nty Open Space and Share Back Grant Awards lunch. It will be held Thursday, June 12111 at 11:30
at the carson Ace Center.
6/612008